2023 Rhode Island General Laws › Title 44 - Taxation › Chapter 44-13 - Public Service Corporation Tax › Section 44-13-37. - Temporary relief from the gross earnings tax on electricity and gas.

§ 44-13-37. Temporary relief from the gross earnings tax on electricity and gas.
(a)
As used in this section:
(1)
“Electric utility customer” means an individual or business who purchases electricity from a utility company during any of the months between and including December 2023 through March 2024.
(2)
“Gas utility customer” means an individual or business who or that purchases natural gas from a utility company during any of the months between and including December 2023 through March 2024.
(3)
“Utility company” means any entity that qualifies as a “public service company” pursuant to § 44-13-2.1 and a “corporation” for the purposes of § 44-13-4(2) or § 44-13-4(6) and sells electricity to an electric utility customer or sells natural gas to a gas utility customer for any of the months between and including December 2023 through March 2024.
(b)(1)
A utility company may be eligible for a rebate payment in the amount of the public service corporation tax due pursuant to § 44-13-4 that would be charged to its electric utility customers or its gas utility customers for the months of December 2023 through March 2024. For the months of December 2023 through March 2024:
(i)
A utility company shall pay the public service corporation tax pursuant to, and in accordance with, § 44-13-4;
(ii)
A utility company shall not charge any electric utility customer or any gas utility customer the tax due or paid pursuant to § 44-13-4, but shall continue to reflect the amount of the tax due along with an offsetting credit on each bill for each electric utility customer or gas utility customer.
(2)
The rebate amount shall be determined by the division of taxation based on the applicable tax paid by a utility company for electricity consumption by its electric utility customers and/or for gas consumption by its gas utility customers between and including the months of December 2023 and March 2024.
(3)
The utility company must apply for a rebate on such forms and in such a manner as prescribed by the division of taxation on or before May 31, 2024, and the rebate will be paid by the division of taxation to the utility company.
(4)
Rebate payments made under this subsection shall not be subject to offset and shall not be considered gross earnings for the purposes of the public service corporation tax under this chapter.
(5)
In no event shall the rebate amount provided for in this section accrue interest for the benefit of any utility company. The utility company shall not charge an electric utility customer or a gas utility customer any fees or charges associated with the amounts qualifying for a rebate in accordance with this section.
(6)
In addition to all other penalties provided under Rhode Island state law, any utility company that submits a fraudulent application or fails to otherwise comply with the terms of this section for the December 2023 through March 2024 period shall pay a ten-dollar ($10.00) penalty per registered active account. The utility company shall pay any rebate amount fraudulently received to the division of taxation and credit the electric utility customer or gas utility customer for any amounts fraudulently or improperly claimed by the utility company and paid by the electric utility customer or gas utility customer. The tax administrator shall have the same powers to collect payment under this subsection as under title 44 of the general laws.
(7)
If an electric utility customer or a gas utility customer erroneously pays to the utility company the tax due for the December 2023 through March 2024 period, or any portion thereof, the utility company must refund the customer within thirty (30) days of the customer remitting the payment.
(8)
If any provision of this section or the application thereof is held invalid, such invalidity shall not affect the provisions of this section which can be given effect without the invalid provisions. Notwithstanding this subsection, all other subsections of this chapter shall remain in full force and effect.
History of Section.
P.L. 2023, ch. 79, art. 4, § 2, effective June 16, 2023.