Senator Rolison's utility tax-holiday amendment ruled non-germane; appeal fails in New York Senate

Senator Rolison explained an amendment she said would provide immediate relief to ratepayers by suspending a series of taxes and surcharges on utility bills and a temporary suspension of green energy-related surcharges.

Rolison said the amendment (the same language as Senate Bill 8463 and listed as SA-463) would "provide a one-year utility bill tax and surcharge holiday, and a two-year green energy tax holiday," suspending the gross receipts tax, sales tax, the systems benefit charge, temporary state assessment/incremental state assessment charges and the renewable portfolio standard charge for one year, and suspending any tariff or surcharge on a utility bill associated with construction of a renewable energy system or EV charging stations for two years. She argued the measure would mirror the 2022 gas tax holiday and estimated "about one-third of utility bills are government taxes, surcharges and government mandates."

The presiding officer reviewed the amendment for germaneness under the chamber's rules and ruled it non-germane. Senator Lanza and other members noted the amendment was at the desk; Rolison asked to be heard to explain the measure. The ruling was appealed and senators were asked to signify by saying "aye"; a show of hands was requested. The tally announced on the floor recorded 22 ayes and the chair's ruling stood, leaving the bill in the bill-in-chief state.

Following the ruling, Senate leadership agreed to restore the bill to the non-controversial calendar. Senator Krueger and others framed the underlying bill as a procedural improvement to speed legislative negotiations between houses; Senator May voiced support for the bill's procedural change. No formal enactment of the Rolison tax-holiday amendment occurred on the floor that day.

The chamber adjourned until Tuesday, March 10 at 3:00 p.m.