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Senate Bill S9102

2025-2026 Legislative Session

Prohibits utilities from charging customers excise tax

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Current Bill Status - In Senate Committee Cities 1 Committee

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2025-S9102 (ACTIVE) - Details

See Assembly Version of this Bill:
A10492
Current Committee:
Senate Cities 1
Law Section:
New York City Administrative Code
Laws Affected:
Amd §11-1102, NYC Ad Cd

2025-S9102 (ACTIVE) - Summary

Prohibits utilities from charging customers excise tax; provides such tax shall be charged against and paid by the utility.

2025-S9102 (ACTIVE) - Sponsor Memo

2025-S9102 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9102
 
                             I N  S E N A T E
 
                             February 3, 2026
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities 1
 
 AN  ACT  to  amend  the  administrative code of the city of New York, in
   relation to prohibiting a utility from charging  customers  an  excise
   tax
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision (g) of section 11-1102  of  the  administrative
 code  of  the  city  of New York, as added by local law number 88 of the
 city of New York for the year 2005, is amended and a new  subdivision  h
 is added to read as follows:
   [(g)]  G.  Notwithstanding  anything else contained in this chapter to
 the contrary, for the taxable periods beginning on or after  January  1,
 2006,  if  a cooperative corporation containing at least fifteen hundred
 apartments furnishes  or  sells  electricity,  steam,  refrigeration  or
 water,  or  furnishes  or  sells electric, steam, refrigeration or water
 services that are (i) metered, (ii) generated or produced by a cogenera-
 tion facility owned or operated by  such  cooperative  corporation,  and
 (iii)  such  electricity, steam, refrigeration or water and/or electric,
 steam, refrigeration or water services are distributed to tenants and/or
 occupants of a cooperative corporation,  then  such  cooperative  corpo-
 ration  shall  pay  to  the  commissioner of finance an excise tax which
 shall be equal to zero per centum of its gross income or its gross oper-
 ating income, as the case may be.
   H. THE TAX IMPOSED BY THIS SECTION SHALL BE CHARGED AGAINST  AND  PAID
 BY  THE  UTILITY  AND  SHALL  NOT  BE  ADDED AS A SEPARATE ITEM TO BILLS
 RENDERED BY SUCH UTILITY TO CUSTOMERS OR OTHERS BUT SHALL  CONSTITUTE  A
 PART OF THE OPERATING COSTS OF SUCH UTILITY.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13485-01-5

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