2003 ENERGY LEGISLATIVE PROGRAM
Following is The Business Council's 2003 Legislative Program. It identifies priority issues to be addressed by the Committees and Councils during 2003.
Actively promote changes to the state's legislative, regulatory and tax structures to reflect increased competition in New York's energy industry, promote increased economic development, and expedite the siting and construction of new generation (e.g. under article X of the Public Service Law and in other areas) and other energy infrastructure facilities (e.g. Article 7 of the Public Service Law) and in order to realize the siting of at least 9,200 megawatts of new generation over the next five (5) years for competition and reliability purposes.
legislation that would repeal or delay currently enacted and scheduled
energy tax reductions.
legislation that would immediately eliminate Article 9 gross receipts
taxes (§186-a of the New York State Tax Law) and the Natural Gas Importation
Privilege Tax (GIPT) for all business customers (manufacturing and non-manufacturing).
legislation that would accelerate the exemption from state sales taxes
on natural gas and electric transportation service for all business
legislation that would insure property taxes levied on New York's energy
corporations and generating facilities are comparable with other corporations
within New York.
legislation that would clarify existing law explicitly eliminating energy
companies' service laterals from §102 of the Real Property Tax Law.
legislation which eliminates the State's Petroleum Business Tax (PBT).
the elimination of the PBT on petroleum products used for non-residential
purposes -- electricity generation and heating.
the elimination of the PBT on motor fuels (gasoline and diesel).
the elimination of the PBT on kerojet fuel.
the elimination of the annual indexing of the PBT.
legislation which unifies all petroleum related taxes on motor fuels
into one single excise tax, collectable on a per gallon basis.
the elimination of special assessments on energy companies for funding
legislation which imposes or increases local gross receipts taxes and
other taxes on utilities and their customers.
elimination of state and local sales tax on the gas and electric commodity.
- Support legislation that would enforce the collection of taxes on motor fuel sales by Native American nations to non-native Americans.
Electricity and Natural Gas
initiatives to facilitate the development of new electric generating
regulations or legislation that would reduce SO2, NOX, CO2, and mercury
emissions from electric generating plants to levels that would result
in increased energy costs for consumers. Any proposed emissions standards
must not impose any adverse effects (cost or otherwise) on the business
community, on other users of electricity, or on the economic development
of the state -- including the retention and expansion of jobs.
legislation that would allow a municipal corporation to recover damages
for their costs in responding to power outages and other emergencies.
the Power Authority's efforts to utilize low-cost energy for job creation;
job retention; and job and capital expansion purposes. These allocations
should be utilized for the maximum economic benefit allowable under
legislation which continues allocation of low cost electricity available
under the state's successful Power for Jobs program insuring provisions
that providers and distributors are held harmless.
legislation that would reimburse energy companies fully for the cost
of relocating, supporting, and protecting facilities in conjunction
with federal, state and/or local government infrastructure project such
as state Department of Transportation projects.
legislation which restricts emissions trading policy.
legislation, regulation and orders which impose system benefits charges
(SBC) on electricity customers.
legislation that would require the provision of market sensitive information
to state agencies.
legislation which would provide state agencies with the necessary flexibility
to exempt certain sensitive information such as maps, architectural
drawings, or other detailed information relating to electric, natural
gas, steam or telecommunications systems or infrastructure from public
disclosure while maintaining the existing appeals process for gaining
access to such information.
legislation that seeks to restrict the use of certain outdoor lighting
installations thus resulting in less effective and less safe illumination
of roadways and other public spaces.
legislation that mandates specific technologies for electricity generating
- Oppose legislating programs which raise the cost of electricity and natural gas to customers, including proposals that unduly subsidize alternative supply strategies.
legislation which imposes geographical limitations on the location of
retail gasoline service stations.
legislation that would require the divorcement / divestiture of retail
gasoline stations operated by producers, refiners or distributors of
legislation which regulates franchise agreements and mandates open supply
for gasoline service stations.
legislation which would increase penalties for gasoline tax evasion
and expand the same provisions to include diesel motor fuel.
legislation that would prevent petroleum companies from utilizing geographical
zone pricing of gasoline as a marketing technique.
legislation and/or regulations which set state or local gasoline standards
which vary from federal standards.
legislation which would prohibit volume minimums in motor fuel franchise
- Oppose legislation that would permit lessee dealers of gasoline service stations to alter the service station property.
legislation which would require the New York State Public Service Commission
to review the compensation and benefits paid to certain officers, directors,
and high level employees of the companies it regulates.
legislation which further erodes the statutory protection afforded to
the business records of corporations which are affiliates of public
legislation that authorizes municipalities, in the conduct of public
works projects to use appropriate mechanisms for reducing public inconvenience,
project delays and costs, including but not limited to treating the
cost of utility facility relocations, support and protection work as
part of the public project bid.
efforts to undermine the Public Service Commission's efforts to restructure
New York's electric and gas industries.
efforts to ensure that the costs of additional security at energy related
facilities are fully recoverable.
legislation which would impose redundant "whistleblower" reporting requirements.
the continued operation of all existing, economically viable, base load
electric generating facilities, including nuclear plants, as a means
of ensuring stable and competitive prices and supply diversity.
- Support a statewide policy that encourages a safe, secure, economic, reliable and diverse supply of energy.