S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6517--A

                            I N  S E N A T E

                            January 22, 2016
                               ___________

Introduced by Sens. AKSHAR, FUNKE -- read twice and ordered printed, and
  when printed to be committed to the Committee on Energy and Telecommu-
  nications  --  reported favorably from said committee and committed to
  the Committee  on  Finance  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the public service law, in relation to the temporary
  state energy and utility service conservation assessment

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

  Section  1.  Paragraph  (b)  of  subdivision  6 of section 18-a of the
public service law, as amended by section 1 of part S of chapter  57  of
the laws of 2014, is amended to read as follows:
  (b)  The  temporary  state  energy  and  utility  service conservation
assessment shall be based upon the following percentum  of  the  utility
entity's  gross operating revenues derived from intrastate utility oper-
ations in the last preceding calendar year, minus the  amount,  if  any,
that  such  utility  entity is assessed pursuant to subdivisions one and
two of this section for the corresponding state fiscal year period:  (1)
two percentum for the state fiscal year beginning April first, two thou-
sand thirteen; (2) 1.63 percentum for the state  fiscal  year  beginning
April first, two thousand fourteen; AND (3) 1.00 percentum for the state
fiscal  year  beginning  April first, two thousand fifteen[; and (4) .73
percentum for the state fiscal year beginning April first, two  thousand
sixteen]. With respect to the temporary state energy and utility service
conservation  assessment  to be paid for the state fiscal year beginning
April first, two thousand [seventeen] SIXTEEN and notwithstanding clause
(i) of paragraph (d) of this subdivision, on or before March tenth,  two
thousand  [seventeen]  SIXTEEN,  utility  entities  shall make a payment
equal to [one-half] THREE HUNDRED SIXTY-FIVE THOUSANDTHS (.365)  of  the
assessment  paid  by  such  entities  pursuant to this paragraph for the
state fiscal year beginning  on  April  first,  two  thousand  [sixteen]
FIFTEEN;  provided,  further  that such assessment for state fiscal year
beginning April first, two thousand [seventeen]  SIXTEEN  shall  not  be
reflected in a customer's rate after December thirty-first, two thousand

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

                                                           LBD13583-02-6

S. 6517--A                          2

[seventeen]  SIXTEEN.   With respect to the Long Island power authority,
the temporary state energy and utility service  conservation  assessment
shall  be  based  upon the following percentum of such authority's gross
operating  revenues  derived  from  intrastate utility operations in the
last preceding calendar year,  minus  the  amount,  if  any,  that  such
authority  is  assessed  pursuant  to subdivisions one-a and two of this
section for the corresponding state fiscal year period: (1) one  percen-
tum  for the state fiscal year beginning April first, two thousand thir-
teen; (2) .84 percentum for the state fiscal year beginning April first,
two thousand fourteen; AND (3) .50 percentum for the state  fiscal  year
beginning  April first, two thousand fifteen; [and (4) .34 percentum for
the state fiscal year beginning  April  first,  two  thousand  sixteen;]
provided, however, that should the amount assessed by the department for
costs  and  expenses  pursuant to such subdivisions equal or exceed such
authority's temporary state  energy  and  utility  service  conservation
assessment  for  a  particular  fiscal year, the amount to be paid under
this subdivision by such authority shall be zero. With  respect  to  the
temporary state energy and utility service conservation assessment to be
paid  for  the  state  fiscal  year  beginning April first, two thousand
[seventeen] SIXTEEN and notwithstanding clause (i) of paragraph  (d)  of
this  subdivision,  on  or  before March tenth, two thousand [seventeen]
SIXTEEN, the Long Island power authority shall make a payment  equal  to
[one-half]  THIRTY-FOUR  HUNDREDTHS  (.34) of the assessment it paid for
the state fiscal year beginning on April first, two  thousand  [sixteen]
FIFTEEN;  provided,  further  that such assessment for state fiscal year
beginning April first, two thousand [seventeen]  SIXTEEN  shall  not  be
reflected in a customer's rate after December thirty-first, two thousand
[seventeen]  SIXTEEN.  No corporation or person subject to the jurisdic-
tion of the commission only with respect to safety, or the power author-
ity of the state of New York, shall be subject to  the  temporary  state
energy  and  utility  service conservation assessment provided for under
this subdivision. Utility entities whose gross operating  revenues  from
intrastate  utility operations are five hundred thousand dollars or less
in the preceding calendar year shall not be  subject  to  the  temporary
state  energy  and  utility service conservation assessment. The minimum
temporary state energy and utility service conservation assessment to be
billed to any utility entity whose gross revenues from intrastate utili-
ty operations are in excess of five  hundred  thousand  dollars  in  the
preceding calendar year shall be two hundred dollars.
  S  2.  This act shall take effect immediately, provided, however, that
the amendments to paragraph (b) of subdivision 6 of section 18-a of  the
public  service law made by section one of this act shall not affect the
repeal of such subdivision and shall be deemed repealed therewith.