Senate Bill S1031

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1031
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sen. ROLISON -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 AN  ACT  to  amend  the  public  service  law,  in relation to costs and
   expenses of the department of public service and  the  public  service
   commission; to amend the tax law, in relation to providing for a rate-
   payer  protection  tax credit; and to repeal certain provisions of the
   public service law relating to the assessment of costs and expenses of
   the department of public service and the public service commission
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 18-a of the public service law, as
 amended  by  section  2 of part NN of chapter 59 of the laws of 2009, is
 amended to read as follows:
   [1.] All costs and expenses of the department and commission shall  be
 paid  pursuant  to appropriation BY THE LEGISLATURE on the certification
 of the [chairman] CHAIR of the department and upon the audit and warrant
 of the comptroller. The state treasury shall be reimbursed therefore  by
 payments  to  be made thereto from all moneys collected pursuant to this
 chapter. The total of such costs and expenses  shall  be  borne  by  the
 public  utility  companies  (including  for the purposes of this section
 municipalities other than municipalities as defined in  section  eighty-
 nine-l  of this chapter), corporations (including the power authority of
 the state of New York), and persons subject to  the  commission's  regu-
 lation,  to  be  assessed  in  the manner provided in [subdivisions two,
 three and four of this section and] section  two  hundred  seventeen  of
 this chapter.
   § 2.  Subdivisions 1-a, 2, 3, 4, 4-a, 4-b and 5 of section 18-a of the
 public service law are REPEALED.
   §  3.   Section 5 of the public service law is amended by adding a new
 subdivision 7 to read as follows:
   7. (A) THE COMMISSION, IN CONSULTATION  WITH  THE  COMPTROLLER,  SHALL
 DEVELOP  A  FORMULA  TO  DETERMINE  THE AVERAGE COST, ON A PER RATEPAYER
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01985-01-5
 S. 1031                             2
 
 BASIS, TO COMPLY WITH THE PROVISIONS SET FORTH IN  ARTICLE  SEVENTY-FIVE
 OF  THE  ENVIRONMENTAL CONSERVATION LAW, OR ANY OTHER RULE OR REGULATION
 PROMULGATED BY A STATE AGENCY PRIOR TO THE EFFECTIVE DATE OF THIS SUBDI-
 VISION, OR ANY SUBSEQUENT ACTION TAKEN THEREAFTER, TO MEET THE EMISSIONS
 GOALS  SET  FORTH BY ARTICLE SEVENTY-FIVE OF THE ENVIRONMENTAL CONSERVA-
 TION LAW.
   (B) BEGINNING MARCH FIRST, TWO THOUSAND  TWENTY-SIX,  THE  COMMISSION,
 THIRTY  DAYS PRIOR TO ISSUING ANY ORDER, DIRECTIVE, RULE, OR REGULATION,
 SHALL DISCLOSE TO THE PUBLIC THROUGH PUBLIC NOTICE AND ON THEIR  WEBSITE
 THE  COST,  AS DETERMINED BY THE FORMULA DEVELOPED BY THE COMMISSION PER
 THIS SUBDIVISION, OF ANY ORDER, DIRECTIVE, RULE, OR REGULATION ISSUED TO
 COMPLY WITH ARTICLE SEVENTY-FIVE OF THE ENVIRONMENTAL  CONSERVATION  LAW
 BY THE COMMISSION.
   § 4.  Section 606 of the tax law is amended by adding a new subsection
 (bbb) to read as follows:
   (BBB)  RATEPAYER PROTECTION CREDIT. (1) ALLOWANCE OF CREDIT.  AN INDI-
 VIDUAL TAXPAYER WHOSE ANNUAL GROSS INCOME DOES NOT  EXCEED  TWO  HUNDRED
 FIFTY  THOUSAND DOLLARS SHALL BE ALLOWED A CREDIT AGAINST TAX IMPOSED BY
 THIS ARTICLE FOR THE COST OF THE IMPLEMENTATION OF ARTICLE  SEVENTY-FIVE
 OF THE ENVIRONMENTAL CONSERVATION LAW AS DETERMINED BY SUBDIVISION SEVEN
 OF SECTION FIVE OF THE PUBLIC SERVICE LAW.
   (2)  CARRYOVER OF CREDIT AND REFUNDABILITY. IF THE AMOUNT OF THE CRED-
 IT, 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 FOLLOW-
 ING 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. FOR  TAXABLE
 YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN, IF
 THE  AMOUNT  OF  THE CREDIT ALLOWABLE UNDER THIS SUBSECTION SHALL EXCEED
 THE TAXPAYER'S TAX LIABILITY 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  HUNDRED  EIGHTY-SIX  OF  THIS  ARTICLE,
 PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID THEREON.
   §  5.  The tax law is amended by adding a new section 187-s to read as
 follows:
   §  187-S.   RATEPAYER PROTECTION CREDIT. 1.  ALLOWANCE  OF  CREDIT.  A
 TAXPAYER SHALL BE ALLOWED A CREDIT FOR THE COST OF THE IMPLEMENTATION OF
 ARTICLE SEVENTY-FIVE OF THE ENVIRONMENTAL CONSERVATION LAW AS DETERMINED
 BY  SUBDIVISION  SEVEN OF SECTION FIVE OF THE PUBLIC SERVICE LAW AGAINST
 THE TAXES IMPOSED BY SECTIONS  ONE  HUNDRED  EIGHTY-THREE,  ONE  HUNDRED
 EIGHTY-FOUR  AND  FORMER SECTION ONE HUNDRED EIGHTY-SIX OF THIS ARTICLE;
 PROVIDED, HOWEVER, THAT THE AMOUNT OF SUCH CREDIT ALLOWABLE AGAINST  THE
 TAX  IMPOSED BY SECTION ONE HUNDRED EIGHTY-FOUR OF THIS ARTICLE SHALL BE
 THE EXCESS OF THE AMOUNT OF SUCH CREDIT OVER THE AMOUNT  OF  ANY  CREDIT
 ALLOWED  BY  THIS SECTION AGAINST THE TAX IMPOSED BY SECTION ONE HUNDRED
 EIGHTY-THREE OF THIS ARTICLE.
   2. CARRYOVERS. IN NO EVENT SHALL THE  CREDIT  UNDER  THIS  SECTION  BE
 ALLOWED  IN AN AMOUNT WHICH WILL REDUCE THE TAX PAYABLE TO LESS THAN THE
 APPLICABLE MINIMUM TAX FIXED BY  SECTION  ONE  HUNDRED  EIGHTY-THREE  OR
 FORMER  SECTION ONE HUNDRED EIGHTY-SIX OF THIS ARTICLE. IF, HOWEVER, THE
 AMOUNT OF CREDIT ALLOWABLE UNDER  THIS  SECTION  FOR  ANY  TAXABLE  YEAR
 REDUCES  THE  TAX TO SUCH AMOUNT, ANY AMOUNT OF CREDIT NOT DEDUCTIBLE IN
 SUCH TAXABLE YEAR MAY BE CARRIED OVER TO THE FOLLOWING YEAR OR YEARS AND
 MAY BE DEDUCTED FROM THE TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
   § 6.  This act shall take effect immediately.