STATE OF NEW YORK
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9102
IN SENATE
February 3, 2026
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Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
printed to be committed to the Committee on Cities 1
AN ACT to amend the administrative code of the city of New York, in
relation to prohibiting a utility from charging customers an excise
tax
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision (g) of section 11-1102 of the administrative
2 code of the city of New York, as added by local law number 88 of the
3 city of New York for the year 2005, is amended and a new subdivision h
4 is added to read as follows:
5 [(g)] g. Notwithstanding anything else contained in this chapter to
6 the contrary, for the taxable periods beginning on or after January 1,
7 2006, if a cooperative corporation containing at least fifteen hundred
8 apartments furnishes or sells electricity, steam, refrigeration or
9 water, or furnishes or sells electric, steam, refrigeration or water
10 services that are (i) metered, (ii) generated or produced by a cogenera-
11 tion facility owned or operated by such cooperative corporation, and
12 (iii) such electricity, steam, refrigeration or water and/or electric,
13 steam, refrigeration or water services are distributed to tenants and/or
14 occupants of a cooperative corporation, then such cooperative corpo-
15 ration shall pay to the commissioner of finance an excise tax which
16 shall be equal to zero per centum of its gross income or its gross oper-
17 ating income, as the case may be.
18 h. The tax imposed by this section shall be charged against and paid
19 by the utility and shall not be added as a separate item to bills
20 rendered by such utility to customers or others but shall constitute a
21 part of the operating costs of such utility.
22 § 2. This act shall take effect on the sixtieth day after it shall
23 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13485-01-5
