NY State Senate Bill 2023-S9893

Senate Bill S9893

2023-2024 Legislative Session

Relates to costs and expenses of the department of public service and the public service commission; provides for a ratepayer protection tax credit; and repeals certain provisions of the public service law

download bill text pdf

Current Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 21, 2024	referred to rules

2023-S9893 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Public Service Law
Laws Affected:: Amd §§18-a & 5, rpld §18-a subs 1-a, 2, 3, 4, 4-a, 4-b & 5, Pub Serv L; amd §606, add §187-s, Tax L

2023-S9893 (ACTIVE) - Summary

Relates to costs and expenses of the department of public service and the public service commission; directs the public service commission to develop a formula to determine the average cost, on a per ratepayer basis, to comply with the provisions set forth in article seventy-five of the environmental conservation law; provides for a ratepayer protection tax credit; repeals certain provisions of the public service law relating to the assessment of costs and expenses of the department of public service and the public service commission.

2023-S9893 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9893

SPONSOR: ROLISON
 
TITLE OF BILL:

An act to amend the public service law, in relation to costs and
expenses of the department of public service and the public service
commission; to amend the tax law, in relation to providing for a rate-
payer protection tax credit; and to repeal certain provisions of the
public service law relating to the assessment of costs and expenses of
the department of public service and the public service commission

 
PURPOSE OR GENERAL IDEA OF BILL:

To direct the Public Service Commission (PSC) and the Comptroller to
determine the cost of the Climate Leadership and Community Protection
 Act (CLCPA) mandates for each ratepayer and to establish a credit for
ratepayers and businesses to cover those costs.

 
SUMMARY OF PROVISIONS:

Section 1: Amends subdivision 1 of section 18-a of the public service

law to read: all costs and expenses of the department and commission
shall be paid pursuant to appropriation by the legislature.

Section 2: Repeals subdivisions 1-a, 2, 3, 4, 4-a, 4-b and 5 of section
18-a od the public service law.

Section 3: Amends section 5 of the public service law to add a new
subdivision 7 (a) to direct the public service commission and the comp-
troller to develop a formula to determine the average cost on a per
ratepayer basis to comply with provisions set forth in article seventy-
five of the environmental conservation law or rules or regulations
promulgated by a state agency to meet emissions goals.  Subdivision 7
(b)beginning on March 1, 2025, the commission must disclose the cost to
the public thirty days prior to issuing and order, directive, rule or
regulation.

Section 4: Amends section 606 of the tax law by adding new subsection
bbb to establish a ratepayer protection credit for those with an annual
gross income of less than $250,000 for the cost of implementation of
article seventy-five of the environmental conservation law. Part 2
allows a carryover of the credit.

Section 5: Amends the tax law to add a new section 187-s to establish a
corporate ratepayer protection credit for the cost of implementation of
article seventy-five of the environmental conservation law.  Part 2
allows a carryover of the credit.

Section 6: States the effective date.

 
JUSTIFICATION:

It's no secret energy bills are skyrocketing. New Yorkers across the
state are struggling to get by, and the increased costs of utility bills
are just pouring salt on the wound. Democratic Comptroller DiNapoli
estimates that ratepayers have already paid $2.6 billion toward the
clean-energy standard and the Climate Action Council's own plan esti-
mates that the CLCPA will cost taxpayers more than $3 00 billion' -- an
annual cost of $1,300 to $1,600 per household, according to the nonpar-
tisan Empire Center for Public Policy. As more mandates are placed on
our energy grid, energy prices will continue to increase, putting New
Yorkers further and further behind.

This bill directs the PSC and the Comptroller to determine the cost of
these mandates for each ratepayer and give that money back to ratepayers
so that New Yorkers are not burdened with the costs of mandates handed
down from Albany. In addition, it further cuts existing taxes that will
save ratepayers over $100 million.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
Immediately.

2023-S9893 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9893
 
                             I N  S E N A T E
 
                              August 21, 2024
                                ___________
 
 Introduced  by  Sen. ROLISON -- 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  costs  and
   expenses  of  the  department of public service and the public service
   commission; to amend the tax law, in relation to providing for a rate-
   payer protection tax credit; and to repeal certain provisions  of  the
   public service law relating to the assessment of costs and expenses of
   the department of public service and the public service commission
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 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:
   [1.]  All costs and expenses of the department and commission shall be
 paid pursuant to appropriation BY THE LEGISLATURE on  the  certification
 of the [chairman] CHAIR of the department and upon the audit and warrant
 of  the comptroller. The state treasury shall be reimbursed therefore by
 payments to be made thereto from all moneys collected pursuant  to  this
 chapter.  The  total  of  such  costs and expenses shall be borne by the
 public utility companies (including for the  purposes  of  this  section
 municipalities  other  than municipalities as defined in section eighty-
 nine-l of this chapter), corporations (including the power authority  of
 the  state  of  New York), and persons subject to the commission's regu-
 lation, to be assessed in the  manner  provided  in  [subdivisions  two,
 three  and  four  of  this section and] section two hundred seventeen of
 this chapter.
   § 2.  Subdivisions 1-a, 2, 3, 4, 4-a, 4-b and 5 of section 18-a of the
 public service law are REPEALED.
   § 3.  Section 5 of the public service law is amended by adding  a  new
 subdivision 7 to read as follows:
   7.  (A)  THE  COMMISSION,  IN CONSULTATION WITH THE COMPTROLLER, SHALL
 DEVELOP A FORMULA TO DETERMINE THE AVERAGE  COST,  ON  A  PER  RATEPAYER
 BASIS,  TO  COMPLY WITH THE PROVISIONS SET FORTH IN ARTICLE SEVENTY-FIVE
 OF THE ENVIRONMENTAL CONSERVATION LAW, OR ANY OTHER RULE  OR  REGULATION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD16061-01-4
 S. 9893                             2
 
 PROMULGATED BY A STATE AGENCY PRIOR TO THE EFFECTIVE DATE OF THIS SUBDI-
 VISION, OR ANY SUBSEQUENT ACTION TAKEN THEREAFTER, TO MEET THE EMISSIONS
 GOALS  SET  FORTH BY ARTICLE SEVENTY-FIVE OF THE ENVIRONMENTAL CONSERVA-
 TION LAW.
   (B)  BEGINNING  MARCH FIRST, TWO THOUSAND TWENTY-FIVE, THE COMMISSION,
 THIRTY DAYS PRIOR TO ISSUING ANY ORDER, DIRECTIVE, RULE, OR  REGULATION,
 SHALL  DISCLOSE TO THE PUBLIC THROUGH PUBLIC NOTICE AND ON THEIR WEBSITE
 THE COST, AS DETERMINED BY THE FORMULA DEVELOPED BY THE  COMMISSION  PER
 THIS SUBDIVISION, OF ANY ORDER, DIRECTIVE, RULE, OR REGULATION ISSUED TO
 COMPLY  WITH  ARTICLE SEVENTY-FIVE OF THE ENVIRONMENTAL CONSERVATION LAW
 BY THE COMMISSION.
   § 4.  Section 606 of the tax law is amended by adding a new subsection
 (bbb) to read as follows:
   (BBB) RATEPAYER PROTECTION CREDIT. (1) ALLOWANCE OF CREDIT.  AN  INDI-
 VIDUAL  TAXPAYER  WHOSE  ANNUAL GROSS INCOME DOES NOT EXCEED TWO HUNDRED
 FIFTY THOUSAND DOLLARS SHALL BE ALLOWED A CREDIT AGAINST TAX IMPOSED  BY
 THIS  ARTICLE FOR THE COST OF THE IMPLEMENTATION OF ARTICLE SEVENTY-FIVE
 OF THE ENVIRONMENTAL CONSERVATION LAW AS DETERMINED BY SUBDIVISION SEVEN
 OF SECTION FIVE OF THE PUBLIC SERVICE LAW.
   (2) CARRYOVER OF CREDIT AND REFUNDABILITY. IF THE AMOUNT OF THE  CRED-
 IT,  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 FOLLOW-
 ING 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. FOR TAXABLE
 YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND  TWENTY-SIX,  IF
 THE  AMOUNT  OF  THE CREDIT ALLOWABLE UNDER THIS SUBSECTION SHALL EXCEED
 THE TAXPAYER'S TAX LIABILITY 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.
   §  5.  The tax law is amended by adding a new section 187-s to read as
 follows:
   §  187-S.   RATEPAYER PROTECTION CREDIT. 1.  ALLOWANCE  OF  CREDIT.  A
 TAXPAYER SHALL BE ALLOWED A CREDIT FOR THE COST OF THE IMPLEMENTATION OF
 ARTICLE SEVENTY-FIVE OF THE ENVIRONMENTAL CONSERVATION LAW AS DETERMINED
 BY  SUBDIVISION  SEVEN OF SECTION FIVE OF THE PUBLIC SERVICE LAW AGAINST
 THE TAXES IMPOSED BY SECTIONS  ONE  HUNDRED  EIGHTY-THREE,  ONE  HUNDRED
 EIGHTY-FOUR  AND  FORMER SECTION ONE HUNDRED EIGHTY-SIX OF THIS ARTICLE;
 PROVIDED, HOWEVER, THAT THE AMOUNT OF SUCH CREDIT ALLOWABLE AGAINST  THE
 TAX  IMPOSED BY SECTION ONE HUNDRED EIGHTY-FOUR OF THIS ARTICLE SHALL BE
 THE EXCESS OF THE AMOUNT OF SUCH CREDIT OVER THE AMOUNT  OF  ANY  CREDIT
 ALLOWED  BY  THIS SECTION AGAINST THE TAX IMPOSED BY SECTION ONE HUNDRED
 EIGHTY-THREE OF THIS ARTICLE.
   2. CARRYOVERS. IN NO EVENT SHALL THE  CREDIT  UNDER  THIS  SECTION  BE
 ALLOWED  IN AN AMOUNT WHICH WILL REDUCE THE TAX PAYABLE TO LESS THAN THE
 APPLICABLE MINIMUM TAX FIXED BY  SECTION  ONE  HUNDRED  EIGHTY-THREE  OR
 FORMER  SECTION ONE HUNDRED EIGHTY-SIX OF THIS ARTICLE. IF, HOWEVER, THE
 AMOUNT OF CREDIT ALLOWABLE UNDER  THIS  SECTION  FOR  ANY  TAXABLE  YEAR
 REDUCES  THE  TAX TO SUCH AMOUNT, ANY AMOUNT OF CREDIT NOT DEDUCTIBLE IN
 SUCH TAXABLE YEAR MAY BE CARRIED OVER TO THE FOLLOWING YEAR OR YEARS AND
 MAY BE DEDUCTED FROM THE TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
   § 6.  This act shall take effect immediately.

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