Creates an exception to the prohibition on reduced rate service; directs the public service commission to provide for a discount to benevolent and fraternal organizations for utility service; provides that the amount thereof is to be such as the commission determines to be fair and reasonable (either the residential rate or a 10% to 25% discount); authorizes the commission to take necessary measures, including ratemaking proceedings; creates an exception to the prohibition on reduced rate service.
STATE OF NEW YORK
________________________________________________________________________
6357
2009-2010 Regular Sessions
IN ASSEMBLY
March 2, 2009
___________
Introduced by M. of A. MILLER, TOWNSEND -- read once and referred to the
Committee on Corporations, Authorities and Commissions
AN ACT to amend the public service law, in relation to providing for a
discount for utility service to any benevolent or fraternal order or
society incorporated under and pursuant to the laws of this state
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 2 of the public service law is amended by adding a
2 new subdivision 5 to read as follows:
3 5. The term "benevolent or fraternal organization", when used in this
4 chapter, includes any benevolent or fraternal order or society incorpo-
5 rated under and pursuant to the laws of this state.
6 § 2. Section 66 of the public service law is amended by adding a new
7 subdivision 29 to read as follows:
8 29. With respect to the determination of fair and reasonable
9 discounts, the commission shall determine such discounts as follows:
10 (a) where there is a difference between residential and non-residen-
11 tial rates, the discounted rate shall be the residential rate; and
12 (b) where there is no such differential, the discount shall be fair
13 and reasonable and no less than ten percent nor more than twenty-five
14 percent.
15 § 3. Section 76 of the public service law, as amended by chapter 82 of
16 the laws of 1998, is amended to read as follows:
17 § 76. Rates charged veteran organizations, religious bodies and commu-
18 nity residences, and benevolent or fraternal organizations. No gas
19 corporation, electric corporation or municipality shall, directly or
20 indirectly, charge, demand, collect or receive from any post or hall
21 owned or leased by a not-for-profit corporation that is a veterans'
22 organization, or corporation or association organized and conducted in
23 good faith for religious purposes, including the operation by such
24 corporation or association of a school, notwithstanding that secular
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03744-02-9
A. 6357 2
1 subjects are taught at such school, [or] from a community residence as
2 defined in subdivision twenty-eight, twenty-eight-a or twenty-eight-b of
3 section 1.03 of the mental hygiene law, provided, however, that such
4 residence shall be operated by a not-for-profit corporation and if
5 supervisory staff is on site on a twenty-four hour per day basis, that
6 the residence provides living accommodations for fourteen or fewer resi-
7 dents, or from a benevolent or fraternal organization, a rate, regard-
8 less of the type of service offered, for any gas or electric service
9 utilized exclusively in connection with such veteran organization or for
10 such religious purposes or utilized exclusively at such community resi-
11 dence, or benevolent or fraternal organization purposes, greater than
12 the rates or charges charged, demanded, collected or received by such
13 gas corporation, electric corporation or municipality from domestic
14 consumers receiving single-phase service within the same village, town
15 or municipality.
16 § 4. Section 79 of the public service law is amended by adding a new
17 subdivision 6 to read as follows:
18 6. The commission shall require each steam corporation providing steam
19 service, instrumentalities, or facilities to any benevolent or fraternal
20 organization to provide the same at a discount, the amount thereof to be
21 as the commission shall determine to be fair and reasonable.
22 § 5. Section 89-b of the public service law is amended by adding a new
23 subdivision 8 to read as follows:
24 8. The commission shall require each water-works corporation providing
25 water service, instrumentalities, or facilities to any benevolent or
26 fraternal organization to provide the same at a discount, the amount
27 thereof to be as the commission shall determine to be fair and reason-
28 able.
29 § 6. Subdivision 3 of section 92 of the public service law, as amended
30 by chapter 124 of the laws of 1911, is amended and a new subdivision 3-b
31 is added to read as follows:
32 3. No telegraph corporation or telephone corporation subject to the
33 provisions of this chapter shall, directly or indirectly, give any free
34 or reduced service, or any free pass or frank for the transmission of
35 messages by either telephone or telegraph between points within this
36 state, except to its officers, employees, agents, pensioners, surgeons,
37 physicians, attorneys-at-law and their families; to persons or corpo-
38 rations exclusively engaged in charitable and eleemosynary work and
39 ministers of religions; to benevolent or fraternal organizations; to
40 officers and employees of other telegraph corporations and telephone
41 corporations, railroad corporations and street railroad corporations.
42 But this subdivision shall not apply to state, municipal or federal
43 contracts.
44 3-b. The commission shall require each telephone corporation providing
45 telephone service to any benevolent or fraternal organization in this
46 state to provide such service at a discount, the amount thereof to be as
47 the commission shall determine to be fair and reasonable.
48 § 7. This act shall take effect on the one hundred eightieth day after
49 it shall have become a law; provided that, the public service commission
50 is authorized and directed to immediately promulgate any and all rules
51 and regulations and take any other measures, including ratemaking
52 proceedings, necessary to implement this act.
