S5736-2011 - NY Senate Open Legislation - Reduces the total amount that a utility can be assessed from one percent to one-third of one percent

Reduces the total amount that a utility can be assessed from one percent to one-third of one percent.

Sponsor: RANZENHOFER / Co-sponsor(s): CARLUCCI, RITCHIE / Committee: FINANCE
Law Section: Public Service Law / Law: Amd S18-a, Pub Serv L

S5736-2011 Actions

Jun 5, 2012: REPORTED AND COMMITTED TO FINANCE
Jan 4, 2012: REFERRED TO ENERGY AND TELECOMMUNICATIONS
Jan 4, 2012: returned to senate
Jan 4, 2012: died in assembly
Jun 23, 2011: referred to corporations, authorities and commissions
Jun 22, 2011: DELIVERED TO ASSEMBLY
Jun 22, 2011: PASSED SENATE
Jun 22, 2011: ORDERED TO THIRD READING CAL.1518
Jun 14, 2011: REFERRED TO RULES

S5736-2011 Meetings

Energy and Telecommunications: Jun 5, 2012, Rules: Jun 24, 2011

S5736-2011 Calendars

Floor Calendar: Jun 22, 2011

S5736-2011 Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 22, 2011

Ayes (20): Skelos, Alesi, Farley, Hannon, Johnson, Larkin, Libous, Marcellino, Maziarz, Nozzolio, Saland, Seward, Breslin, Dilan, Hassell-Thompson, Montgomery, Parker, Perkins, Smith, Stewart-Cousins
Ayes W/R (2): LaValle, Duane
Nays (2): Sampson, Krueger

VOTE: FLOOR VOTE: - Jun 22, 2011

Ayes (60): Adams, Addabbo, Alesi, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (2): Avella, Krueger

VOTE: COMMITTEE VOTE: - Energy and Telecommunications - Jun 5, 2012

Ayes (9): Maziarz, Alesi, Fuschillo, Griffo, O'Mara, Ritchie, Robach, Gianaris, Kennedy
Ayes W/R (2): Adams, Dilan
Nays (1): Parker

S5736-2011 Memo

BILL NUMBER:S5736

TITLE OF BILL:

An act
to amend the public service law, in relation to reducing the amount
a utility can be assessed

PURPOSE:

The purpose of this legislation is to allow the 18-A utility
assessment to revert back to the original one third of one percent
when the two percent surcharge sunsets in 2014.

SUMMARY OF PROVISIONS:

Section 1 amends paragraph (g) of subdivision 2 of section 18-a of the
public service law reducing the base assessment from one percent to
one third of one percent.

EXISTING LAW:

Presently, the base assessment is one percent and the surcharge is two
percent minus the amount of the base assessment; effectively a two
percent total. The two percent surcharge is scheduled to sunset on
March 31, 2014 at which time the 18-A assessment will be one percent.

JUSTIFICATION:

In 2009, the 18-A assessment was raised from one third of one percent
to two percent, six times the prior rate. This increase of nearly
$600 million is not used for the purpose of funding the public
service commission but rather is swept into the General Fund. This
surcharge was enacted for five years at which time the two percent
surcharge will expire. However, the assessment rate will not revert
back to the original one third of one percent, it will revert back to
one percent creating a permanent tax increase on New Yorkers utility
bills.

LEGISLATIVE HISTORY:

New legislation.

FISCAL IMPLICATIONS:

None in the current fiscal year.

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.

S5736-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          5736
 2011-2012 Regular Sessions
 I N  SENATE
 June 14, 2011
 
 Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
 when printed to be committed to the Committee on Rules
 

AN ACT to amend the public service law,  in  relation  to  reducing  the
 amount a utility can be assessed
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1.  Paragraph (g) of subdivision 2  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:

 (g) The total amount which may be charged to any public utility compa
 ny under authority of this subdivision for any state fiscal  year  shall
 not  exceed ONE-THIRD OF one per centum of such public utility company's
 gross operating revenues derived from intrastate utility  operations  in
 the last preceding calendar year, or other twelve month period as deter
 mined  by the chairman; provided, however, that no corporation or person
 that is subject to the jurisdiction of the commission only with  respect
 to  safety,  or  the  power authority of the state of New York, shall be
 subject to the general assessment provided for under this subdivision.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13077-01-1

S5736-2011: Reduces the total amount that a utility can be assessed from one percent to one-third of one percent