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.
STATE OF NEW YORK
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9893
IN SENATE
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:
1 Section 1. Subdivision 1 of section 18-a of the public service law, as
2 amended by section 2 of part NN of chapter 59 of the laws of 2009, is
3 amended to read as follows:
4 [1.] All costs and expenses of the department and commission shall be
5 paid pursuant to appropriation by the legislature on the certification
6 of the [chairman] chair of the department and upon the audit and warrant
7 of the comptroller. The state treasury shall be reimbursed therefore by
8 payments to be made thereto from all moneys collected pursuant to this
9 chapter. The total of such costs and expenses shall be borne by the
10 public utility companies (including for the purposes of this section
11 municipalities other than municipalities as defined in section eighty-
12 nine-l of this chapter), corporations (including the power authority of
13 the state of New York), and persons subject to the commission's regu-
14 lation, to be assessed in the manner provided in [subdivisions two,
15 three and four of this section and] section two hundred seventeen of
16 this chapter.
17 § 2. Subdivisions 1-a, 2, 3, 4, 4-a, 4-b and 5 of section 18-a of the
18 public service law are REPEALED.
19 § 3. Section 5 of the public service law is amended by adding a new
20 subdivision 7 to read as follows:
21 7. (a) The commission, in consultation with the comptroller, shall
22 develop a formula to determine the average cost, on a per ratepayer
23 basis, to comply with the provisions set forth in article seventy-five
24 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
1 promulgated by a state agency prior to the effective date of this subdi-
2 vision, or any subsequent action taken thereafter, to meet the emissions
3 goals set forth by article seventy-five of the environmental conserva-
4 tion law.
5 (b) Beginning March first, two thousand twenty-five, the commission,
6 thirty days prior to issuing any order, directive, rule, or regulation,
7 shall disclose to the public through public notice and on their website
8 the cost, as determined by the formula developed by the commission per
9 this subdivision, of any order, directive, rule, or regulation issued to
10 comply with article seventy-five of the environmental conservation law
11 by the commission.
12 § 4. Section 606 of the tax law is amended by adding a new subsection
13 (bbb) to read as follows:
14 (bbb) Ratepayer protection credit. (1) Allowance of credit. An indi-
15 vidual taxpayer whose annual gross income does not exceed two hundred
16 fifty thousand dollars shall be allowed a credit against tax imposed by
17 this article for the cost of the implementation of article seventy-five
18 of the environmental conservation law as determined by subdivision seven
19 of section five of the public service law.
20 (2) Carryover of credit and refundability. If the amount of the cred-
21 it, and carryovers of such credit, allowable under this subsection for
22 any taxable year shall exceed the taxpayer's tax for such year, such
23 excess amount may be carried over to the five taxable years next follow-
24 ing the taxable year with respect to which the credit is allowed and may
25 be deducted from the taxpayer's tax for such year or years. For taxable
26 years beginning on or after January first, two thousand twenty-six, if
27 the amount of the credit allowable under this subsection shall exceed
28 the taxpayer's tax liability for such year, the excess shall be treated
29 as an overpayment of tax to be credited or refunded in accordance with
30 the provisions of section six hundred eighty-six of this article,
31 provided, however, that no interest shall be paid thereon.
32 § 5. The tax law is amended by adding a new section 187-s to read as
33 follows:
34 § 187-s. Ratepayer protection credit. 1. Allowance of credit. A
35 taxpayer shall be allowed a credit for the cost of the implementation of
36 article seventy-five of the environmental conservation law as determined
37 by subdivision seven of section five of the public service law against
38 the taxes imposed by sections one hundred eighty-three, one hundred
39 eighty-four and former section one hundred eighty-six of this article;
40 provided, however, that the amount of such credit allowable against the
41 tax imposed by section one hundred eighty-four of this article shall be
42 the excess of the amount of such credit over the amount of any credit
43 allowed by this section against the tax imposed by section one hundred
44 eighty-three of this article.
45 2. Carryovers. In no event shall the credit under this section be
46 allowed in an amount which will reduce the tax payable to less than the
47 applicable minimum tax fixed by section one hundred eighty-three or
48 former section one hundred eighty-six of this article. If, however, the
49 amount of credit allowable under this section for any taxable year
50 reduces the tax to such amount, any amount of credit not deductible in
51 such taxable year may be carried over to the following year or years and
52 may be deducted from the taxpayer's tax for such year or years.
53 § 6. This act shall take effect immediately.
