Enacts the "energy assessment cap and consumer cost relief act" to limit certain surcharge increases; directs studies on costs associated with environmental and energy laws; directs a study on the value of assets and utility gas infrastructure discontinued as a result of laws and regulatory actions; institutes a moratorium on related surcharges, taxes, fees and cost bearing regulations for five years.
STATE OF NEW YORK
________________________________________________________________________
5250
2025-2026 Regular Sessions
IN SENATE
February 20, 2025
___________
Introduced by Sen. CANZONERI-FITZPATRICK -- read twice and ordered
printed, and when printed to be committed to the Committee on Energy
and Telecommunications
AN ACT to amend the public service law, in relation to limits on
surcharge increases; directing a study of the costs associated with
recent environmental and energy related laws and the value of stranded
utility assets resulting in discontinuance and/or abandonment of util-
ity gas infrastructure; and imposing a moratorium on new energy taxes,
fees and regulations
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".
3 § 2. The public service law is amended by adding a new section 18 to
4 read as follows:
5 § 18. Limit on surcharge increases. Notwithstanding any law, rule,
6 regulation or order to the contrary, the commission shall not increase
7 the amount of the surcharge on the system benefit charge or the
8 surcharge for the renewable portfolio standard or the surcharge for the
9 energy efficiency portfolio standard or any similar fund that may be
10 created by order of the commission before the effective date of this
11 section, whether such fund is new or is a result of combining all or
12 some of the surcharges referenced herein. Nothing in this section shall
13 be construed as to prevent the commission from lowering the amount of
14 any surcharge either individually or collectively from the amount
15 collected in two thousand nineteen, except that under no circumstances
16 shall the total cost of those charges exceed the total aggregate amounts
17 collected in two thousand nineteen.
18 § 3. The department of public service shall issue a request for
19 proposals to choose an independent vendor who will perform a thorough
20 analysis of the costs associated with environmental and energy related
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04759-01-5
S. 5250 2
1 laws, regulations, rules and policies adopted since 2019. Such analysis
2 shall establish not only the costs already incurred, but also those
3 anticipated future costs and specific cost impacts on all classes of
4 ratepayers. A request for proposal shall be issued within 90 days of the
5 effective date of this act and such study and report shall be completed
6 within 12 months of the award of the contract. Such report shall be
7 published on the department's website and provided to the governor, the
8 speaker of the assembly, the temporary president of the senate, the
9 minority leader of the senate and the minority leader of the assembly.
10 § 4. The department of public service shall issue a request for
11 proposals and choose a qualified vendor to conduct a study as to any
12 stranded utility assets resulting from legislative or regulatory actions
13 that, whether intentional or unintentional, lead to the discontinuance
14 and/or abandonment of utility gas infrastructure. Such study shall
15 include, at a minimum, an analysis of the value and cost of said infras-
16 tructure, the number, type and value of jobs lost due to the discontin-
17 uance of its use and recommendations as to cost recovery for any inves-
18 tor owned utility that holds such infrastructure. In addition, the study
19 shall measure the value of stranded assets of homeowners/businesses with
20 gas equipment with remaining useful life when gas is discontinued. A
21 request for proposal shall be issued within 90 days of the effective
22 date of this act and such study and report shall be completed within 12
23 months of the award. Such report shall be published on the department's
24 website and provided to the governor, the speaker of the assembly, the
25 temporary president of the senate, the minority leader of the senate and
26 the minority leader of the assembly.
27 § 5. Notwithstanding any law, rule, regulation or order to the contra-
28 ry, the public service commission and the legislature shall not estab-
29 lish any new surcharge assessment, tax or fee or cost bearing regulation
30 based on the analyses performed under sections three and four of this
31 act on energy consumers for a period of five years.
32 § 6. This act shall take effect immediately.
