STATE OF NEW YORK ________________________________________________________________________ 543 2017-2018 Regular Sessions IN SENATE (Prefiled) January 4, 2017 ___________ Introduced by Sen. FUNKE -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommuni- cations AN ACT to amend the public service law, in relation to limiting increases in the amount of surcharges established by 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. This act shall be known and may be cited as the "Energy 2 assessment cap and consumer cost relief act of 2017". 3 § 2. The public service law is amended by adding a new section 18 to 4 read as follows: 5 § 18. Limit on surcharge increases. Notwithstanding any law, rule, 6 regulation or order to the contrary, the commission shall not increase 7 the amount of the surcharge of the system benefit charge or the 8 surcharge for the renewable portfolio standard or the surcharge for the 9 energy efficiency portfolio standard or any similar fund that may be 10 created by order of the commission before the effective date of this 11 section, whether such fund is new or is a result of combining all or 12 some of the surcharges referenced herein. Nothing in this section shall 13 be construed as to prevent the commission from lowering the amount of 14 any surcharge either individually or collectively from the amount 15 collected in two thousand sixteen, except that under no circumstances 16 shall the total cost of those charges exceed the total aggregate amounts 17 in two thousand sixteen. 18 § 3. Moratorium on new energy taxes and fees. Notwithstanding any law, 19 rule, regulation or order to the contrary, the public service commission 20 shall not establish any new surcharge assessment, tax or fee on energy 21 consumers, excepting those fees which may arise from an electric gener- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04221-01-7

S. 543 2 1 ating facility that provides notice of closure to such commission and a 2 reliability need is identified by the bulk system operator. 3 § 4. This act shall take effect immediately.