S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4736
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 23, 2023
                                ___________
 
 Introduced  by M. of A. MCGOWAN -- read once and referred to the Commit-
   tee on Ways and Means
 
 AN ACT to amend the tax law and the public service law, in  relation  to
   providing  a  tax  credit for certain utility bill payments and estab-
   lishing a moratorium on certain surcharges thereon; and providing  for
   the  repeal of certain provisions of the public service law upon expi-
   ration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  606  of  the  tax law is amended by adding a new
 subsection (ooo) to read as follows:
   (OOO) CREDIT FOR UTILITY CHARGES. (1) ALLOWANCE OF CREDIT. FOR TAXABLE
 YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-THREE AND
 ENDING DECEMBER THIRTY-FIRST,  TWO  THOUSAND  TWENTY-FOUR,  A  QUALIFIED
 TAXPAYER  SHALL  BE ALLOWED A CREDIT TO BE COMPUTED AS PROVIDED IN PARA-
 GRAPH TWO OF THIS SUBSECTION AGAINST THE TAX IMPOSED BY THIS ARTICLE.
   (2) COMPUTATION OF CREDIT. THE AMOUNT OF THE CREDIT ALLOWED UNDER THIS
 SUBSECTION SHALL BE THE DIFFERENCE OF THE TOTAL UTILITY CHARGES PAID  BY
 THE  TAXPAYER DURING THE TAXABLE YEAR IN WHICH THE CREDIT IS CLAIMED AND
 THE AVERAGE OF THE TAXPAYER'S TOTAL UTILITY PAYMENTS  DURING  THE  THREE
 TAXABLE YEARS IMMEDIATELY PRECEDING THE TAXABLE YEAR IN WHICH THE CREDIT
 IS CLAIMED.
   (3)  "UTILITY COSTS" SHALL MEAN CHARGES PAID FOR  HEAT, GAS, ELECTRIC-
 ITY AND OTHER SERVICES PROVIDED TO A TAXPAYER BY AN  ENTITY  SUBJECT  TO
 THE JURISDICTION OF THE PUBLIC SERVICE COMMISSION.
   (4)  CARRYOVER  OF CREDIT. IF THE AMOUNT OF THE CREDIT, AND CARRYOVERS
 OF SUCH CREDIT, ALLOWABLE UNDER THIS SUBSECTION  FOR  ANY  TAXABLE  YEAR
 SHALL EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR, SUCH EXCESS AMOUNT MAY BE
 CARRIED  OVER  TO THE FIVE TAXABLE YEARS NEXT FOLLOWING THE TAXABLE YEAR
 WITH RESPECT TO WHICH THE CREDIT IS ALLOWED AND MAY BE DEDUCTED FROM THE
 TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09249-02-3
              

 A. 4736                             2
 
   (5) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT  ALLOWED  UNDER
 THIS SUBSECTION FOR ANY TAXABLE YEAR SHALL EXCEED THE TAXPAYER'S TAX FOR
 SUCH  YEAR,  THE  EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE
 CREDITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS  OF  SECTION  SIX
 HUNDRED  EIGHTY-SIX OF THIS ARTICLE; PROVIDED, HOWEVER, THAT NO INTEREST
 SHALL BE PAID THEREON.
   (6) ADMINISTRATION. THE  COMMISSIONER  SHALL  HAVE  THE  AUTHORITY  TO
 PROMULGATE  SUCH RULES AND REGULATIONS AS MAY BE NECESSARY FOR THE PROC-
 ESSING, DETERMINATION AND GRANTING OF CREDITS UNDER THIS SUBSECTION.
   § 2.  The public service law is amended by adding a new section 18  to
 read as follows:
   § 18. MORATORIUM ON SURCHARGES. NOTWITHSTANDING THE PROVISIONS OF THIS
 CHAPTER  OR  OF  ANY LAW, RULE, REGULATION OR ORDER TO THE CONTRARY, THE
 COMMISSION SHALL NOT IMPOSE OR COLLECT ANY  SURCHARGES  ASSOCIATED  WITH
 THE  SYSTEM  BENEFIT CHARGE, OR THE RENEWABLE PORTFOLIO STANDARD, OR THE
 ENERGY EFFICIENCY PORTFOLIO STANDARD, OR ANY SIMILAR FUND  THAT  MAY  BE
 CREATED  BY  ORDER  OF  THE COMMISSION BEFORE THE EFFECTIVE DATE OF THIS
 SECTION, WHETHER SUCH FUND IS NEW OR IS A RESULT  OF  COMBINING  ALL  OR
 SOME OF THE SURCHARGES REFERENCED HEREIN.
   § 3. This act shall take effect immediately; provided that section two
 of  this  act  shall  expire  April  1,  2024,  when  upon such date the
 provisions of such section shall be deemed repealed.