Bill Text: NY A04335 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to the department of public service; limits increases in the amount of surcharges; establishes a one year moratorium on the collection of energy surcharges; establishes a moratorium on new surcharge assessments, taxes or fees.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-03 - referred to energy [A04335 Detail]

Download: New_York-2023-A04335-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4335

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 14, 2023
                                       ___________

        Introduced by M. of A. MILLER -- read once and referred to the Committee
          on Energy

        AN  ACT  to  amend  the  public  service  law,  in  relation to limiting
          increases in the  amount  of  surcharges  established  by  the  public
          service  commission,  imposing a one year moratorium on the collection
          of certain surcharges, and prohibiting new energy taxes and fees;  and
          to repeal certain provisions of such law relating thereto

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. This act shall be known and may be  cited  as  the  "Energy
     2  assessment cap and consumer cost relief act of 2023".
     3    §  2.  The public service law is amended by adding a new section 18 to
     4  read as follows:
     5    § 18. Moratorium on surcharges.  The commission shall  not  impose  or
     6  collect any surcharges associated with the system benefit charge, or the
     7  renewable  portfolio standard, or the energy efficiency portfolio stand-
     8  ard, or any similar fund that may be created by order of the  commission
     9  before  the  effective date of this section, whether such fund is new or
    10  is a result of combining all or some of the surcharges referenced  here-
    11  in.
    12    §  3.  Section  18  of  the  public  service law is REPEALED and a new
    13  section 18 is added to read as follows:
    14    § 18. Limit on surcharge increases.  Notwithstanding  any  law,  rule,
    15  regulation  or  order to the contrary, the commission shall not increase
    16  the amount of  the  surcharge  of  the  system  benefit  charge  or  the
    17  surcharge  for the renewable portfolio standard or the surcharge for the
    18  energy efficiency portfolio standard or any similar  fund  that  may  be
    19  created  by  order  of  the commission before the effective date of this
    20  section, whether such fund is new or is a result  of  combining  all  or
    21  some of the surcharges referenced herein.  Nothing in this section shall
    22  be  construed  as  to prevent the commission from lowering the amount of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07351-01-3
        A. 4335                             2

     1  any surcharge  either  individually  or  collectively  from  the  amount
     2  collected in two thousand twenty-two, except that under no circumstances
     3  shall the total cost of those charges exceed the total aggregate amounts
     4  in two thousand twenty.
     5    § 4. Moratorium on new energy taxes and fees. Notwithstanding any law,
     6  rule, regulation or order to the contrary, the public service commission
     7  shall  not  establish any new surcharge assessment, tax or fee on energy
     8  consumers, excepting those fees which may arise from an electric  gener-
     9  ating  facility  that  provides notice of closure to such commission and
    10  where a reliability need is identified by the bulk system operator.
    11    § 5. This act shall take effect  immediately;  provided  that  section
    12  three of this act shall take effect one year after such effective date.