N.Y. PBS. LAW § 18-a : NY Code - Section 18-A: Costs and expenses of the commission and department and the assessment of such costs and expenses

Search N.Y. PBS. LAW § 18-a : NY Code - Section 18-A: Costs and expenses of the commission and department and the assessment of such costs and expenses

1. All costs and expenses of  the
  department and commission shall be paid pursuant to appropriation on the
  certification  of  the chairman of the department and upon the audit and
  warrant of the comptroller.  The  state  treasury  shall  be  reimbursed
  therefore  by  payments  to  be  made  thereto from all moneys collected
  pursuant to this chapter. The total of such costs and expenses shall  be
  borne  by  the  public  utility companies (including for the purposes of
  this section municipalities other  than  municipalities  as  defined  in
  section  eighty-nine-l  of  this  chapter),  corporations (including the
  power authority of the state of New York), and persons  subject  to  the
  commission's  regulation,  to  be  assessed  in  the  manner provided in
  subdivisions two, three and four of this section and section two hundred
  seventeen of this chapter.
    2. (a) The chairman of the department  shall  estimate  prior  to  the
  start  of each state fiscal year the total costs and expenses, including
  the compensation and expenses of  the  commission  and  the  department,
  their  officers,  agents  and  employees,  and  including  the  cost  of
  retirement contributions, social security, health and dental  insurance,
  survivor's  benefits,  workers' compensation, unemployment insurance and
  other fringe benefits required to be paid by the state for the personnel
  of the commission and the department, and including all other  items  of
  maintenance  and  operation  expenses, and all other direct and indirect
  costs. Based on such estimates, the chairman shall determine the  amount
  to  be  paid by each assessed public utility company and a bill shall be
  rendered to each such public utility company.
    (b) The bill for each public utility company shall be rendered  on  or
  before  February  first preceding each fiscal year, and shall be for the
  amount equal to  the  product  of  the  aforesaid  estimated  costs  and
  expenses   of   conducting   the  department's  and  commission's  total
  operations during the fiscal  year  for  which  billing  is  being  made
  multiplied by the proportion which compares:
    (1) the gross operating revenues, over and above five hundred thousand
  dollars,  for  that  utility  company  derived  from  intrastate utility
  operations in the last preceding calendar year, or  other  twelve  month
  period as determined by the chairman, to:
    (2) the total of the gross operating revenues, derived from intrastate
  utility operations for all utility companies in the state which revenues
  are included under subparagraph one of this paragraph.
    For  the  purposes  of calculating the commodity cost component of its
  gross operating revenue, where the utility delivers to end-use customers
  electricity and/or  natural  gas  commodities  that  are  sold  to  such
  customers  by  a third party, such utility shall include in its revenues
  an estimate of the sales revenue for the  electric  and/or  natural  gas
  commodities  that  it  delivers,  including all such commodities sold to
  end-use customers by third parties, in such manner as to assure that all
  end-use delivery customers, regardless of the  entity  from  which  they
  purchase  their electric and/or natural gas commodities, bear a fair and
  proportionate share of the assessment imposed herein, as the  commission
  may determine.
    (c)  The  minimum  assessment  for  any  utility  company  whose gross
  revenues from intrastate  utility  operations  are  in  excess  of  five
  hundred  thousand  dollars  in  the preceding calendar year shall be two
  hundred dollars.
    (d) The amount of such bill for fiscal years  beginning  on  or  after
  April  first, nineteen hundred eighty-three so rendered shall be paid by
  such public utility company to the department on or before April  first;
  provided,  however,  that  a  utility  company may elect to make partial

  payments for such costs and expenses on March  tenth  of  the  preceding
  fiscal  year  and  on  September  tenth  of  such fiscal year. Each such
  partial payment shall be a sum equal to fifty percentum of the  estimate
  of  costs and expenses to be assessed against such utility company under
  the provisions of this subdivision  and  shall  not  be  less  than  two
  hundred dollars.
    (e)  During  the  course  of  any  state fiscal year, the chairman may
  increase or decrease the estimate of costs and expenses. In  such  case,
  revised  bills  shall  be  sent to each public utility company, and such
  increase or decrease shall be equally apportioned against the  remaining
  payments for such fiscal year.
    (f)  On  or  before  October  tenth  of  each year, the chairman shall
  compute the  actual  costs  and  expenses  of  the  department  and  the
  commission  and  adjustments  or  other  corrections  as  needed for the
  preceding state fiscal year and, after deducting the  amounts  recovered
  pursuant  to  subdivisions  three and four of this section, shall, on or
  before October twentieth, send to each public utility  company  affected
  thereby  a statement setting forth the amount due and payable by, or the
  amount standing to the credit  of,  such  public  utility  company.  Any
  amount  owing by any public utility company shall be paid not later than
  thirty days following the date such  statement  is  received.  Any  such
  amount  standing  to  the  credit of any public utility company shall be
  refunded by the commission or, at the option of  such  utility  company,
  shall be applied as a credit against any succeeding payment due.
    (g)  The  total  amount  which  may  be  charged to any public utility
  company under authority of this subdivision for any  state  fiscal  year
  shall  not  exceed one per centum of such public utility company's gross
  operating revenues derived from intrastate  utility  operations  in  the
  last preceding calendar year, or other twelve month period as determined
  by  the  chairman; provided, however, that no corporation or person that
  is subject to the jurisdiction of the commission only  with  respect  to
  safety,  or  the  power  authority  of  the  state of New York, shall be
  subject to the general assessment provided for under this subdivision.
    Notwithstanding the provisions of subdivision one of this section, for
  telephone corporations as defined in subdivision  seventeen  of  section
  two  of  this  article,  the  total  amount  which  may  be charged such
  corporations for department expenses under the authority of  subdivision
  one of this section for any state fiscal year shall not exceed one-third
  of one percentum of such corporation's gross operating revenue, over and
  above  five  hundred  thousand  dollars, derived from intrastate utility
  operations in the last preceding calendar year, or  other  twelve  month
  period as determined by the chairman.
    3.  In the case of corporations or persons subject to the jurisdiction
  of the commission only with respect  to  safety,  the  chairman  of  the
  department  shall ascertain from time to time, but not less than once in
  each fiscal year, all direct and indirect costs of investigating (a) the
  safety of the pipelines conveying gas at  pressures  in  excess  of  one
  hundred  twenty-five  pounds  per  square inch gauge or conveying liquid
  petroleum products of such corporations or persons and (b) the safety of
  any gas plant of corporations manufacturing  pipeline  quality  gas  and
  subject  to  the  safety jurisdiction of the commission by virtue of the
  proviso to exception (b) of subdivision eleven of section  two  of  this
  chapter.  The  chairman  shall  for each investigation assess such costs
  against such corporations or persons whose pipelines or plants have been
  investigated. Bills for such an investigation may be rendered from  time
  to  time  but  not less than once in each fiscal year, and the amount of
  such bills shall be paid by the appropriate corporation or person to the
  department within thirty days from the  date  of  rendition.  The  total

  amount  which  may be charged to any corporation or person for any state
  fiscal year as the cost of investigating the safety of  pipelines  shall
  not exceed one hundred dollars times the sum of the products obtained by
  multiplying  the  mileage  (to the nearest tenth) of each section of any
  such pipeline in the state in use at the end of the  preceding  calendar
  year  by  its nominal diameter in feet (to the nearest tenth). The total
  amount which may be charged to any pipeline  quality  gas  manufacturing
  company  for  any  state  fiscal  year as the costs of investigating the
  safety of the plant of such company shall not exceed  one-third  of  one
  per centum of the estimate of the average annual gross revenues from the
  sales  of  manufactured  gas  over  a  three-year period of operation or
  anticipated operation, as determined by the chairman, of  such  pipeline
  quality gas manufacturing company.
    4.  In  the  case of the power authority of the state of New York, the
  chairman of the department shall ascertain from time to  time,  but  not
  less  than  once  in  each fiscal year, all direct and indirect costs of
  investigating requests by the power authority of the state of  New  York
  to  establish  new,  major utility transmission facilities as defined in
  article seven of this chapter or to establish new, major steam  electric
  generating  facilities  as defined in article eight of this chapter. The
  chairman shall for each such investigation assess such costs against the
  power  authority  of  the  state  of  New  York.  Bills  for   such   an
  investigation  may be rendered from time to time, but not less than once
  in each fiscal year, and the amount of such bills shall be paid  by  the
  power authority of the state of New York to the department within thirty
  days from the date of rendition.
    4-a.  In  the  case  of research, development and demonstration of new
  energy  technologies,  the  director  of  the  budget  may  enter   into
  contracts,  subject  to the availability of appropriations, with the New
  York state energy research and development authority for  the  costs  of
  such  research, development and demonstration beyond such amounts as may
  be available to the New  York  state  energy  research  and  development
  authority  for  such purposes from bonds, grants or other sources. On or
  before February first preceding each fiscal year, the  chairman  of  the
  authority  shall estimate and transmit to the chairman of the department
  of public service the total costs of authority research, development and
  demonstration projected to be authorized by contracts with the  director
  of the budget for such fiscal year. The chairman of the department shall
  apportion  the  costs of such research, development and demonstration in
  accordance with  the  billing  procedures  of  this  section  among  gas
  corporations and electric corporations as defined in section two of this
  chapter.   Such   apportionment  shall  be  excluded  from  the  general
  assessment provided for under subdivision two of this section. The total
  amount which  may  be  charged  to  any  gas  corporation  and  electric
  corporation for any state fiscal year shall be .6 cents per one thousand
  cubic  feet for gas sold and .006 cents per kilowatt hour of electricity
  sold by such corporations in their  intrastate  utility  operations  the
  last preceding calendar year.
    4-b.  In  the  case  of research, development and demonstration of new
  energy  technologies,  the  director  of  the  budget  may  enter   into
  contracts,  subject  to the availability of appropriations, with the New
  York state energy research and development authority for  the  costs  of
  such  research, development and demonstration beyond such amounts as may
  be available to the New  York  state  energy  research  and  development
  authority  for  such  purposes  from  bonds,  grants  or  other sources,
  including the power authority of the state of New York. Not  later  than
  November  first  preceding  each  fiscal  year,  the energy research and
  development authority and the power authority of the state of  New  York

  shall  agree  as to a specific level of financial support to be provided
  by the power authority of the state of New York for the energy  research
  and    development   authority's   energy   research   development   and
  demonstration  activities  for such fiscal year. Such level of financial
  support shall be incorporated in the annual budget request submitted  by
  the  energy research and development authority and shall be reflected as
  an offset to recommended appropriations for  research,  development  and
  demonstration  of  new  energy technologies; provided, however, that the
  sum of such recommended appropriations and such offset shall not  exceed
  twelve  million  dollars.  One  hundred  per centum of the costs of such
  research, development  and  demonstration  not  supplemented  by  bonds,
  grants or other sources, not to exceed nine million six hundred thousand
  dollars,  shall be apportioned in accordance with the billing procedures
  of this section, provided, that such costs shall  be  apportioned  among
  gas  corporations and electric corporations as defined in section two of
  this chapter and shall be excluded from the general assessment  provided
  for under subdivision two of this section. The total amount which may be
  charged  to  any  gas corporation and electric corporation for any state
  fiscal year shall be .6 cents per one thousand cubic feet for  gas  sold
  and   .006   cents  per  kilowatt  hour  of  electricity  sold  by  such
  corporations in their intrastate utility operations the  last  preceding
  calendar year.
    5.  On  demand  made  within  thirty days of the rendition of any bill
  pursuant to subdivision two, three or four of this section, the party so
  charged shall be afforded an opportunity to be heard as  to  the  amount
  thereof.  Any amounts of such bills not paid within thirty days from the
  date of determination upon such hearings, or, if none shall be demanded,
  on the date upon which such payment is due, shall  bear  interest  at  a
  rate  to  be prescribed by regulation of the commission. Such rate shall
  be not less than six percentum per annum  nor  more  than  the  rate  of
  interest  prescribed  by the banking board pursuant to the provisions of
  section fourteen-a of the banking law in effect on the  day  immediately
  preceeding  the  date  on  which  the  provisions of this subdivision as
  amended become effective, but if the commission has not set  such  rate,
  interest  at  six percentum per annum shall apply. Any interest rate set
  by the commission shall become effective not less than sixty days  after
  such rate is promulgated.
    * 6.(a)  Notwithstanding  any  provision  of  law to the contrary, and
  subject to  the  exceptions  provided  for  in  paragraph  (b)  of  this
  subdivision,  for  the  state  fiscal year beginning on April first, two
  thousand nine and four state fiscal years thereafter, a temporary annual
  assessment (hereinafter "temporary  state  energy  and  utility  service
  conservation  assessment") is hereby imposed on public utility companies
  (including for the purposes of  this  subdivision  municipalities  other
  than   municipalities  as  defined  in  section  eighty-nine-l  of  this
  chapter), corporations (including for purposes of this  subdivision  the
  Long  Island  power  authority), and persons subject to the commission's
  regulation (hereinafter such public utility companies, corporations, and
  persons are referred to  collectively  as  the  "utility  entities")  to
  encourage  the  conservation  of  energy  and  other  resources provided
  through utility entities, to be assessed in the manner provided in  this
  subdivision;  provided,  however,  that  such  assessment  shall  not be
  imposed upon telephone corporations as defined in subdivision  seventeen
  of section two of this article.
    (b)  The  temporary  state  energy  and  utility  service conservation
  assessment shall be equal to two percentum of the utility entity's gross
  operating revenues derived from intrastate  utility  operations  in  the
  last  preceding  calendar  year,  minus  the  amount,  if any, that such

  utility entity is assessed pursuant to subdivisions one and two of  this
  section  for the corresponding state fiscal year period. With respect to
  the Long Island power authority, the temporary state energy and  utility
  service  conservation assessment shall be equal to one percentum of such
  authority's gross operating revenues  derived  from  intrastate  utility
  operations in the last preceding calendar year. No corporation or person
  subject  to  the  jurisdiction  of  the  commission only with respect to
  safety, or the power authority of  the  state  of  New  York,  shall  be
  subject  to  the temporary state energy and utility service conservation
  assessment provided for under this subdivision. Utility  entities  whose
  gross  operating  revenues  from  intrastate utility operations are five
  hundred thousand dollars or less in the preceding  calendar  year  shall
  not  be  subject  to  the  temporary  state  energy  and utility service
  conservation assessment. The minimum temporary state energy and  utility
  service conservation assessment to be billed to any utility entity whose
  gross  revenues from intrastate utility operations are in excess of five
  hundred thousand dollars in the preceding calendar  year  shall  be  two
  hundred dollars.
    (c) The chairman of the department shall determine, prior to the start
  of  each state fiscal year, the amount of the temporary state energy and
  utility service conservation assessment for  utility  entities  for  the
  fiscal  year.  Based on that determination, a bill shall be rendered for
  each utility entity on or before February  first  preceding  each  state
  fiscal  year  for  the  amount  as  set  forth  in paragraph (b) of this
  subdivision.
    (d) Each utility entity must pay the bill rendered to it  pursuant  to
  paragraph (c) of this subdivision as follows:
    (i)  The  amount  of  such  bill  shall be paid by such public utility
  company to the department on or before April first;  provided,  however,
  that a utility company may elect to make partial payments for such costs
  and  expenses  on  March  tenth  of  the  preceding  fiscal  year and on
  September tenth of such fiscal year. Each such partial payment shall  be
  a  sum equal to fifty percentum of the estimate of costs and expenses to
  be assessed against such utility company under the  provisions  of  this
  subdivision and shall not be less than two hundred dollars.
    (ii)  During  the  course  of  any state fiscal year, the chairman may
  adjust the amount of the bills as appropriate to  reflect,  among  other
  things,  the actual reported revenues. In such case, revised bills shall
  be sent to each  utility  entity  subject  to  the  provisions  of  this
  subdivision,  and such increase or decrease shall be equally apportioned
  against the remaining payments for such fiscal year;
    (e) For the purposes of calculating the commodity  cost  component  of
  its  gross  operating  revenue,  where  the  utility delivers to end-use
  customers electricity and/or natural gas commodities that  are  sold  to
  such  customers  by  a  third  party,  such utility shall include in its
  revenues an estimate of  the  sales  revenue  for  the  electric  and/or
  natural gas commodities that it delivers, including all such commodities
  sold  to end-use customers by third parties, in such manner as to assure
  that all end-use delivery customers, regardless of the entity from which
  they purchase their electric and/or natural gas commodities, bear a fair
  and proportionate  share  of  the  assessment  imposed  herein,  as  the
  commission may determine.
    (f)  Notwithstanding  any  provision  of  law  to  the  contrary,  all
  temporary state  energy  and  utility  service  conservation  assessment
  monies  collected  and  received by the department shall be deposited to
  the credit of the  comptroller  with  such  responsible  banks,  banking
  houses  or trust companies as may be designated by the comptroller. Such
  deposits shall be kept separate and apart from all other monies  in  the

  possession  of  the  comptroller. The comptroller shall require adequate
  security from all such depositories. Of the total amount collected,  the
  comptroller  shall  retain  the  amount determined by the chairman to be
  necessary  for  refund of overpayments out of which the comptroller must
  pay any refunds to which a utility entity may be  entitled  pursuant  to
  paragraph  (g)  of  this  subdivision. After reserving the amount to pay
  refunds, the comptroller shall, on or  before  the  tenth  day  of  each
  month,  or  more  frequently  as he or she may deem appropriate, pay all
  temporary state  energy  and  utility  service  conservation  assessment
  monies  collected  and  received under this subdivision and remaining to
  the comptroller's credit into the state general fund.
    (g) On or before October tenth of each year, the chairman may  compute
  adjustments  or  other  corrections  as  needed  for the preceding state
  fiscal year and, shall, on or before October  twentieth,  send  to  each
  utility  entity  affected  thereby, a statement setting forth the amount
  due and payable by, or the  amount  standing  to  the  credit  of,  such
  utility entity. Any amount owing by any utility entity shall be paid not
  later  than  thirty  days following the date such statement is received.
  Any such amount standing to the credit of any utility  entity  shall  be
  refunded by the chairman.
    (h)  The  chairman  is  authorized to coordinate the implementation of
  this subdivision with the other subdivisions of this section,  including
  for  purposes  of,  but  not  limited  to, billing and collection of the
  assessments provided for under this section.
    * NB Repealed March 31, 2014