S T A T E O F N E W Y O R K ________________________________________________________________________ 3944 2015-2016 Regular Sessions I N A S S E M B L Y January 28, 2015 ___________ Introduced by M. of A. CERETTO, MONTESANO, BARCLAY -- Multi-Sponsored by -- M. of A. GOODELL, HAWLEY, OAKS, PALMESANO -- read once and referred to the Committee on Corporations, Authorities and Commissions AN ACT to amend the public service law, in relation to exempting reli- gious organizations from the temporary state energy and utility service conservation assessment fee THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Paragraph (b) of subdivision 6 of section 18-a of the 2 public service law, as amended by section 1 of part S of chapter 57 of 3 the laws of 2014, is amended and a new paragraph (i) is added to read as 4 follows: 5 (b) The temporary state energy and utility service conservation 6 assessment shall be based upon the following [percentum] PER CENTUM of 7 the utility entity's gross operating revenues derived from intrastate 8 utility operations in the last preceding calendar year, minus the 9 amount, if any, that such utility entity is assessed pursuant to subdi- 10 visions one and two of this section for the corresponding state fiscal 11 year period: (1) two [percentum] PER CENTUM for the state fiscal year 12 beginning April first, two thousand thirteen; (2) 1.63 [percentum] PER 13 CENTUM for the state fiscal year beginning April first, two thousand 14 fourteen; (3) 1.00 [percentum] PER CENTUM for the state fiscal year 15 beginning April first, two thousand fifteen; and (4) .73 [percentum] PER 16 CENTUM for the state fiscal year beginning April first, two thousand 17 sixteen. With respect to the temporary state energy and utility service 18 conservation assessment to be paid for the state fiscal year beginning 19 April first, two thousand seventeen and notwithstanding clause (i) of 20 paragraph (d) of this subdivision, on or before March tenth, two thou- 21 sand seventeen, utility entities shall make a payment equal to one-half 22 of the assessment paid by such entities pursuant to this paragraph for 23 the state fiscal year beginning on April first, two thousand sixteen; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07139-01-5 A. 3944 2 1 provided, further that such assessment for state fiscal year beginning 2 April first, two thousand seventeen shall not be reflected in a custom- 3 er's rate after December thirty-first, two thousand seventeen. With 4 respect to the Long Island power authority, the temporary state energy 5 and utility service conservation assessment shall be based upon the 6 following [percentum] PER CENTUM of such authority's gross operating 7 revenues derived from intrastate utility operations in the last preced- 8 ing calendar year, minus the amount, if any, that such authority is 9 assessed pursuant to subdivisions one-a and two of this section for the 10 corresponding state fiscal year period: (1) one [percentum] PER CENTUM 11 for the state fiscal year beginning April first, two thousand thirteen; 12 (2) .84 [percentum] PER CENTUM for the state fiscal year beginning April 13 first, two thousand fourteen; (3) .50 [percentum] PER CENTUM for the 14 state fiscal year beginning April first, two thousand fifteen; and (4) 15 .34 [percentum] PER CENTUM for the state fiscal year beginning April 16 first, two thousand sixteen; provided, however, that should the amount 17 assessed by the department for costs and expenses pursuant to such 18 subdivisions equal or exceed such authority's temporary state energy and 19 utility service conservation assessment for a particular fiscal year, 20 the amount to be paid under this subdivision by such authority shall be 21 zero. With respect to the temporary state energy and utility service 22 conservation assessment to be paid for the state fiscal year beginning 23 April first, two thousand seventeen and notwithstanding clause (i) of 24 paragraph (d) of this subdivision, on or before March tenth, two thou- 25 sand seventeen, the Long Island power authority shall make a payment 26 equal to one-half of the assessment it paid for the state fiscal year 27 beginning on April first, two thousand sixteen; provided, further that 28 such assessment for state fiscal year beginning April first, two thou- 29 sand seventeen shall not be reflected in a customer's rate after Decem- 30 ber thirty-first, two thousand seventeen. No corporation or person 31 subject to the jurisdiction of the commission only with respect to safe- 32 ty, or the power authority of the state of New York, shall be subject to 33 the temporary state energy and utility service conservation assessment 34 provided for under this subdivision. Utility entities whose gross oper- 35 ating revenues from intrastate utility operations are five hundred thou- 36 sand dollars or less in the preceding calendar year shall not be subject 37 to the temporary state energy and utility service conservation assess- 38 ment. RECEIPTS FROM REVENUES DERIVED FROM RELIGIOUS ORGANIZATIONS WHO 39 ARE EXEMPT FROM TAXATION UNDER FEDERAL AND STATE LAW SHALL NOT BE 40 SUBJECT TO SUCH ASSESSMENT. The minimum temporary state energy and util- 41 ity service conservation assessment to be billed to any utility entity 42 whose gross revenues from intrastate utility operations are in excess of 43 five hundred thousand dollars in the preceding calendar year shall be 44 two hundred dollars. 45 (I) NO PUBLIC UTILITY COMPANY OR OTHER UTILITY ENTITY SUBJECT TO THE 46 PROVISIONS OF THIS SECTION SHALL CHARGE OR PASS ALONG THE AMOUNT OF 47 ASSESSMENT IMPOSED UNDER THIS SECTION TO ANY RELIGIOUS ORGANIZATION IN 48 THIS STATE WHICH IS EXEMPT FROM TAXATION UNDER STATE LAW OR FEDERAL LAW. 49 S 2. This act shall take effect immediately; provided that the amend- 50 ments to subdivision 6 of section 18-a of the public service law made by 51 section one of this act shall not affect the repeal of such subdivision 52 and shall be deemed repealed therewith.