Bill Text: NY A03075 | 2009-2010 | General Assembly | Introduced
Bill Title: Abolishes the Hudson river-Black river regulating district and devolves such powers to the power authority of the state of New York.
Spectrum: Partisan Bill (Democrat 24-0)
Status: (Introduced - Dead) 2011-01-24 - referred to environmental conservation [A03075 Detail]
Download: New_York-2009-A03075-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3075
2011-2012 Regular Sessions
I N A S S E M B L Y
January 24, 2011
___________
Introduced by M. of A. CANESTRARI -- read once and referred to the
Committee on Environmental Conservation
AN ACT to amend the education law, in relation to expenditures by
certain school districts and to amend the environmental conservation
law, in relation to abolishing the Hudson river-Black river regulating
district and devolving such powers to the power authority of the state
of New York; and to repeal certain provisions of the environmental
conservation law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 2022 of the education law is amended by adding a
2 new subdivision 7 to read as follows:
3 7. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION AND SECTION TWO
4 THOUSAND TWENTY-THREE OF THIS PART FOR THE TWO THOUSAND ELEVEN--TWO
5 THOUSAND TWELVE SCHOOL YEAR, ANY SCHOOL DISTRICT LOCATED WITHIN THE
6 HUDSON RIVER-BLACK RIVER REGULATING DISTRICT MAY EXCEED THE LEVEL OF
7 EXPENDITURES AUTHORIZED BY THE VOTE REQUIRED BY SUBDIVISION ONE OF THIS
8 SECTION OR THE LEVEL OF EXPENDITURES SET BY THE BOARD OF EDUCATION IN
9 ACCORDANCE WITH SECTION TWO THOUSAND TWENTY-THREE OF THIS PART BY THE
10 AMOUNT OF REAL PROPERTY TAXES OR PAYMENTS IN LIEU OF TAXES MADE BY THE
11 NEW YORK POWER AUTHORITY AFTER THE DISSOLUTION OF SUCH REGULATING
12 DISTRICT.
13 S 2. The environmental conservation law is amended by adding a new
14 section 15-2142 to read as follows:
15 S 15-2142. HUDSON RIVER-BLACK RIVER REGULATING DISTRICT AND STATE OF NEW
16 YORK POWER AUTHORITY: OLD BOARDS ABOLISHED; TRANSFER OF
17 FUNCTIONS; PENDING ACTIONS AND PROCEEDINGS; INTERPRETATION
18 OF DOCUMENTS; EXISTING RIGHTS AND REMEDIES.
19 1. EXCEPT AS HEREINAFTER PROVIDED, THE BOARD OF THE HUDSON RIVER-BLACK
20 RIVER REGULATING DISTRICT IS HEREBY ABOLISHED, AND ALL OF THE JURISDIC-
21 TION, FUNCTIONS, POWERS, DUTIES AND OBLIGATIONS POSSESSED OR EXERCISED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05214-01-1
A. 3075 2
1 BY, OR FOR WHICH COMMITMENTS HAVE BEEN MADE BY, SUCH BOARDS, INCLUDING
2 LANDS OR PROPERTY ACQUIRED, MONEYS OF THE BOARDS, AND ACTIONS TAKEN OR
3 DETERMINATIONS MADE BY SUCH BOARDS, ARE HEREBY TRANSFERRED TO, ASSIGNED
4 TO AND DEVOLVED UPON THE POWER AUTHORITY OF THE STATE OF NEW YORK AND
5 ITS CHAIRMAN.
6 2. EXCEPT AS HEREINAFTER PROVIDED, THE CONTRACTS, BOOKS, MAPS, PLANS,
7 PAPERS, RECORDS AND PROPERTY OF WHATEVER DESCRIPTION WITHIN THE JURIS-
8 DICTION OR UNDER THE CONTROL OF THE HUDSON RIVER-BLACK RIVER REGULATING
9 DISTRICT, INCLUDING MONEYS APPROPRIATED AND AVAILABLE TO SUCH DISTRICTS,
10 PERTAINING TO OR USED IN CONNECTION WITH THE EXERCISE OR PERFORMANCE OF
11 THE FUNCTIONS, POWERS AND DUTIES HEREBY TRANSFERRED AND ASSIGNED, SHALL
12 BE DELIVERED TO THE CHAIRMAN OF THE NEW YORK STATE POWER AUTHORITY, WHO
13 IS HEREBY AUTHORIZED TO TAKE POSSESSION THEREOF.
14 3. FOR THE PURPOSES OF SUCCESSION, THE FUNCTIONS, POWERS AND DUTIES
15 TRANSFERRED, ASSIGNED TO, AND DEVOLVING UPON THE POWER AUTHORITY SHALL
16 BE DEEMED TO CONSTITUTE A CONTINUATION OF SUCH FUNCTIONS, POWERS AND
17 DUTIES EXERCISED BY THE HUDSON RIVER-BLACK RIVER REGULATING DISTRICT,
18 AND THE ACTS, ORDERS, RULES, REGULATIONS AND DETERMINATIONS OF SUCH
19 DISTRICTS SHALL HAVE, AND CONTINUE WITH, THE SAME FORCE AND EFFECT AS
20 THOUGH DONE BY OR MADE BY THE POWER AUTHORITY.
21 4. ANY BUSINESS OR MATTER HERETOFORE UNDERTAKEN OR COMMENCED BY OR
22 BEFORE THE HUDSON RIVER-BLACK RIVER REGULATING DISTRICT, OR ANY ACTION
23 OR PROCEEDING HERETOFORE BROUGHT BY OR AGAINST SUCH DISTRICTS, PERTAIN-
24 ING TO OR CONNECTED WITH THE FUNCTIONS, POWERS AND DUTIES HEREBY TRANS-
25 FERRED AND ASSIGNED TO THE POWER AUTHORITY MAY BE CONDUCTED, COMPLETED,
26 PROSECUTED AND DEFENDED BY AND IN THE NAME OF THE POWER AUTHORITY. IN
27 ALL SUCH ACTIONS AND PROCEEDINGS THE HUDSON RIVER-BLACK RIVER REGULATING
28 DISTRICT, UPON APPLICATION TO THE COURT, MAY BE SUBSTITUTED AS A PARTY.
29 5. WHEN THE HUDSON RIVER-BLACK RIVER REGULATING DISTRICT IS REFERRED
30 TO OR DESIGNATED IN ANY LAW, CONTRACT OR DOCUMENT, SUCH REFERENCE OR
31 DESIGNATION SHALL BE DEEMED TO REFER TO AND INCLUDE THE POWER AUTHORITY
32 SO FAR AS SUCH LAW, CONTRACT OR DOCUMENT PERTAINS TO MATTERS WHICH ARE
33 WITHIN ITS JURISDICTION BY REASON OF SUCH TRANSFER AND ASSIGNMENT OF
34 FUNCTIONS, POWERS AND DUTIES.
35 S 3. Section 15-2137 of the environmental conservation law is
36 REPEALED.
37 S 4. Section 15-2139 of the environmental conservation law is
38 REPEALED.
39 S 5. Section 15-2141 of the environmental conservation law is
40 REPEALED.
41 S 6. This act shall take effect on the first of July next succeeding
42 the date on which it shall have become a law; provided, however, that
43 effective immediately, the addition, amendment and/or repeal of any rule
44 or regulation necessary for the implementation of this act on its effec-
45 tive date are authorized and directed to be made and completed on or
46 before such effective date.
