N.Y. Public Service Law § 114-a: Rates not to include cost of legislative lobbying

* § 114-a. Rates not to include cost of legislative lobbying. In

determining rates to be charged customers, the commission shall not

include the cost of legislative lobbying on behalf of any public utility

as part of any such utility's operational costs and the commission shall

not include the cost of membership dues for any organization,

association, institution, corporation or any other entity that engages

in legislative lobbying as part of any such utility's operational costs.

As used in this section, legislative lobbying shall mean and include any

attempt by any person on behalf of a public utility to influence the

passage or defeat of any legislation by either house of the legislature

or the congress, or the approval or disapproval of any legislation by

the governor; provided however, legislative lobbying shall not include

any appearance by any person on behalf of a public utility before a

committee of either house of the legislature or the congress where any

such appearance is at the request of any such committee.

* NB Effective until January 1, 2027

* § 114-a. Costs not to be included in rates. In determining rates to

be charged customers, the commission shall not include as part of any

public utility's operational costs:

1. Any direct or indirect costs associated with lobbying.

(a) Lobbying shall include any attempt to influence:

(i) the passage or defeat of any legislation or resolution by the

state legislature or the congress of the United States including but not

limited to the introduction or intended introduction of such legislation

or resolution or approval or disapproval of any legislation by the

governor or the president of the United States;

(ii) the adoption, issuance, rescission, modification or terms of an

executive order issued by the governor or the president of the United

States;

(iii) the passage or defeat of any local law, ordinance, resolution,

or regulation by any municipality or subdivision thereof;

(iv) the adoption, issuance, rescission, modification or terms of an

executive order issued by the chief executive officer of a municipality;

or

(v) the adoption or rejection of any rule, regulation, or resolution

having the force and effect of a local law, ordinance, resolution, or

regulation.

(b) Lobbying shall not include:

(i) any appearance by any person on behalf of a public utility before

a committee of either house of the state legislature or the congress of

the United States where any such appearance is at the request of any

such legislative committee;

(ii) preparing or submitting a response on behalf of a public utility

to a request for information or comments by the congress of the United

States, the president of the United States, the state legislature, the

governor, the legislative or executive body or officer of a

municipality, or a federal, state or local agency; or

(iii) applications for licenses, certificates, and permits authorized

by statutes or local laws or ordinances.

2. The cost of membership dues for any organization, association,

institution, corporation or any other entity that engages in lobbying.

3. Contributions or gifts to political candidates, political parties,

political or legislative committees or any committee or organization

working to influence referendum petitions or elections.

4. Contributions to a chamber of commerce or a charity, including but

not limited to a charity managed by the public utility. For the purposes

of this subdivision a "charity" shall mean an entity formed primarily

for charitable purposes, including but not limited to:

(a) a corporation formed under the business corporation law, the

limited liability company law, or the not-for-profit corporation law

primarily for charitable purposes;

(b) a charitable trust as defined by article eight of the estates,

powers, and trusts law; and

(c) any charitable foundation registered within the state that submits

financial disclosures to the attorney general.

5. Any direct or indirect costs associated with: (a) travel, lodging,

food, or beverage expenses that exceed the most recent federal per diem

rates published by the general services administration; (b)

entertainment or gifts; and (c) any owned, leased or chartered aircraft

for such public utility's board of directors and officers or the board

of directors and officers of such public utility's parent company.

6. Expenditures for public relations campaigns and advertising. Public

relations campaigns and advertising include expenditures relating to

information delivered to the public or to the public utility's customers

by radio, television, the internet, print and other media, or through

sponsorships, paid endorsements that bear the name of the public utility

or an organization that receives funds from a public utility, that is

primarily intended to enhance the public image of the public utility or

is intended to solicit goodwill towards the public utility and that does

not include the offer of goods or services to actual or potential

ratepayers. This subdivision does not include communications with the

person's stockholders, employees, board members, or officers.

* NB Effective January 1, 2027