N.Y. Public Service Law § 114-a

* § 114-a. Rates not to include cost of legislative lobbying. In\ndetermining rates to be charged customers, the commission shall not\ninclude the cost of legislative lobbying on behalf of any public utility\nas part of any such utility's operational costs and the commission shall\nnot include the cost of membership dues for any organization,\nassociation, institution, corporation or any other entity that engages\nin legislative lobbying as part of any such utility's operational costs.\nAs used in this section, legislative lobbying shall mean and include any\nattempt by any person on behalf of a public utility to influence the\npassage or defeat of any legislation by either house of the legislature\nor the congress, or the approval or disapproval of any legislation by\nthe governor; provided however, legislative lobbying shall not include\nany appearance by any person on behalf of a public utility before a\ncommittee of either house of the legislature or the congress where any\nsuch appearance is at the request of any such committee.\n * NB Effective until January 1, 2027\n * § 114-a. Costs not to be included in rates. In determining rates to\nbe charged customers, the commission shall not include as part of any\npublic utility's operational costs:\n 1. Any direct or indirect costs associated with lobbying.\n (a) Lobbying shall include any attempt to influence:\n (i) the passage or defeat of any legislation or resolution by the\nstate legislature or the congress of the United States including but not\nlimited to the introduction or intended introduction of such legislation\nor resolution or approval or disapproval of any legislation by the\ngovernor or the president of the United States;\n (ii) the adoption, issuance, rescission, modification or terms of an\nexecutive order issued by the governor or the president of the United\nStates;\n (iii) the passage or defeat of any local law, ordinance, resolution,\nor regulation by any municipality or subdivision thereof;\n (iv) the adoption, issuance, rescission, modification or terms of an\nexecutive order issued by the chief executive officer of a municipality;\nor\n (v) the adoption or rejection of any rule, regulation, or resolution\nhaving the force and effect of a local law, ordinance, resolution, or\nregulation.\n (b) Lobbying shall not include:\n (i) any appearance by any person on behalf of a public utility before\na committee of either house of the state legislature or the congress of\nthe United States where any such appearance is at the request of any\nsuch legislative committee;\n (ii) preparing or submitting a response on behalf of a public utility\nto a request for information or comments by the congress of the United\nStates, the president of the United States, the state legislature, the\ngovernor, the legislative or executive body or officer of a\nmunicipality, or a federal, state or local agency; or\n (iii) applications for licenses, certificates, and permits authorized\nby statutes or local laws or ordinances.\n 2. The cost of membership dues for any organization, association,\ninstitution, corporation or any other entity that engages in lobbying.\n 3. Contributions or gifts to political candidates, political parties,\npolitical or legislative committees or any committee or organization\nworking to influence referendum petitions or elections.\n 4. Contributions to a chamber of commerce or a charity, including but\nnot limited to a charity managed by the public utility. For the purposes\nof this subdivision a "charity" shall mean an entity formed primarily\nfor charitable purposes, including but not limited to:\n (a) a corporation formed under the business corporation law, the\nlimited liability company law, or the not-for-profit corporation law\nprimarily for charitable purposes;\n (b) a charitable trust as defined by article eight of the estates,\npowers, and trusts law; and\n (c) any charitable foundation registered within the state that submits\nfinancial disclosures to the attorney general.\n 5. Any direct or indirect costs associated with: (a) travel, lodging,\nfood, or beverage expenses that exceed the most recent federal per diem\nrates published by the general services administration; (b)\nentertainment or gifts; and (c) any owned, leased or chartered aircraft\nfor such public utility's board of directors and officers or the board\nof directors and officers of such public utility's parent company.\n 6. Expenditures for public relations campaigns and advertising. Public\nrelations campaigns and advertising include expenditures relating to\ninformation delivered to the public or to the public utility's customers\nby radio, television, the internet, print and other media, or through\nsponsorships, paid endorsements that bear the name of the public utility\nor an organization that receives funds from a public utility, that is\nprimarily intended to enhance the public image of the public utility or\nis intended to solicit goodwill towards the public utility and that does\nnot include the offer of goods or services to actual or potential\nratepayers. This subdivision does not include communications with the\nperson's stockholders, employees, board members, or officers.\n * NB Effective January 1, 2027\n