S7662-2011 Actions

• Jun 18, 2012: referred to energy
• Jun 18, 2012: DELIVERED TO ASSEMBLY
• Jun 18, 2012: PASSED SENATE
• Jun 18, 2012: ORDERED TO THIRD READING CAL.1294
• Jun 12, 2012: REFERRED TO RULES

S7662-2011 Meetings

S7662-2011 Calendars

S7662-2011 Votes

S7662-2011 Memo

BILL NUMBER:S7662

TITLE OF BILL:

An act
to amend the public service law, in relation to a temporary annual
assessment;
to amend part NN of chapter 59 of the laws of 2009
amending the public service law relating to financing operations of the
department of public service, in relation to the effectiveness
thereof; and
to amend the public service law, in relation to reducing the amount
a utility can be assessed

PURPOSE:

To eliminate the temporary 18-A increase one year early and restore
the base assessment back to one-third of one percent.

SUMMARY OF PROVISIONS:

ELIMINATE THE 500 PERCENT ENERGY TAX HIKE: In 2009 this tax was
increased from one-third of one percent to two percent, a 500 percent
increase. The phase-out of this tax hike from two percent back to the
base tax would be accelerated the by one year, from 2014 to 2013.

This bill will also reduce the permanent increase in the base tax from
one-third of one percent to one percent that was enacted in 2009. The
base rate will be restored to the previous rate of one-third of one
percent. This will save New Yorkers $261 million in SFY 2012-13 and
another $261 million in SFY 2013-14.

JUSTIFICATION:

This bill will reduce utility bills for every resident and business in
New York that uses utility services.
This reduction will help residents to keep more money in their pockets
and will help businesses reduce their cost of doing business allowing
them to grow their businesses and create jobs.

LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

This bill will save New York businesses $261 million this year.

EFFECTIVE DATE:

Effective immediately.

S7662-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         7662
 I N  SENATE
 June 12, 2012
 
 Introduced  by Sen. GRISANTI -- 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 a temporary annu
 al assessment; to amend part NN of chapter 59  of  the  laws  of  2009
 amending  the  public  service law relating to financing operations of
 the department of public service, in  relation  to  the  effectiveness
 thereof;  and 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  (a)  of  subdivision  6 of section 18-a of the
 public service law, as added by section 4 of part NN of  chapter  59  of
 the laws of 2009, is amended to read as follows:

 (a)  Notwithstanding any provision of law to the contrary, and subject
 to the exceptions provided for in paragraph (b) of this subdivision, for
 the state fiscal year beginning on April first, two  thousand  nine  and
 [four]  THREE  state fiscal years thereafter, a temporary annual assess
 ment (hereinafter "temporary state energy and utility service  conserva
 tion assessment") is hereby imposed on public utility companies (includ
 ing  for  the  purposes  of  this  subdivision municipalities other than
 municipalities as defined in section  eighty-nine-l  of  this  chapter),
 corporations (including for purposes of this subdivision the Long Island
 power  authority),  and  persons  subject to the commission's regulation
 (hereinafter such public utility companies,  corporations,  and  persons
 are referred to collectively as the "utility entities") to encourage the
 conservation  of  energy  and  other  resources provided through utility
 entities, to be assessed in the manner  provided  in  this  subdivision;
 provided,  however, that such assessment shall not be imposed upon tele
 phone corporations as defined in subdivision seventeen of section two of
 this article.
 

S 2.

Section 6 of part NN of chapter 59 of the laws of 2009,  amending
 the  public  service law relating to financing operations of the depart
 ment of public service is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD16221-01-2
 
       S. 7662                             2
 

S 6. This act shall take effect immediately; provided,  however,  that
 subdivision  6  of  section  18-a of the public service law, as added by
 section four of this act shall take  effect  April  1,  2009  and  shall
 expire  and  be  deemed  repealed  March  31, [2014] 2013; and provided,
 further,  that  if section four of this act shall become law after April
 1, 2009, it shall take effect immediately and shall be  deemed  to  have
 been in full force and effect on and after April 1, 2009.
 

S  3.  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  4.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on the same  date  and  in  the  same
 manner  as  part  NN  of  chapter  59  of  the laws of 2009 took effect;
 provided that the amendment to paragraph (a) of subdivision 6 of section
 18-a of the public service law made by section one of this act shall not
 affect the expiration and repeal of such subdivision 6 and shall  expire
 and  be  deemed  repealed  therewith;  and provided further that section
 three of this act shall take effect April 1, 2013.

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