Bill Text: NY A05210 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the public service law, in relation to payments equivalent to tax by certain electric corporations

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - referred to ways and means [A05210 Detail]

Download: New_York-2009-A05210-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5210
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 11, 2009
                                      ___________
       Introduced by M. of A. LENTOL -- read once and referred to the Committee
         on Ways and Means
       AN  ACT  to amend the public service law, in relation to payments equiv-
         alent to tax by certain electric corporations
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  66-h  of  the  public service law, as amended by
    2  section 15 of part SS-1 of chapter 57 of the laws of 2008, is amended to
    3  read as follows:
    4    S 66-h. Certain electric corporations; payment equivalent to tax.  The
    5  commission  shall require each electric corporation that purchases elec-
    6  tricity from an energy business as defined in subdivision (c) of section
    7  three hundred one-i of the tax law (1) that is a co-generation facility,
    8  as such term is defined in subdivision two-a  of  section  two  of  this
    9  chapter,  or  (2) that is a qualifying facility, as such term is defined
   10  by section two hundred one of the Public Utility Regulatory Policies Act
   11  of 1978 (Public Law 95-617) that is a  co-generation  facility,  or  (3)
   12  that has executed or will execute a contract for the sale of electricity
   13  through negotiation with an electric corporation or an auction conducted
   14  by  an  electric  corporation  pursuant  to  a  competitive bidding plan
   15  approved by the commission, to pay, in addition  to  payments  made  for
   16  such  purchased  electricity  under a contract with such electric corpo-
   17  ration, an amount equal to the tax imposed under article  thirteen-A  of
   18  the  tax  law  with  respect to each Mcf of natural gas used to generate
   19  such electricity and, WITH RESPECT TO CONTRACTS EXECUTED PRIOR TO  JANU-
   20  ARY FIRST, TWO THOUSAND, the sales and compensating use taxes imposed on
   21  such gas by or pursuant to the authority of section eleven hundred seven
   22  or  subdivision (a) of section twelve hundred ten of the tax law, unless
   23  such sales and compensating use taxes imposed  are  otherwise  accounted
   24  for  in the payments the electric corporation makes under that contract;
   25  provided, however, that any such amount paid  by  such  electric  corpo-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07492-01-9
       A. 5210                             2
    1  ration shall be recovered through a fuel adjustment mechanism authorized
    2  by  the  commission;  provided,  further,  that such amount shall not be
    3  recovered from charges for residential use  provided  by  such  electric
    4  corporation.
    5    S 2. This act shall take effect immediately.