Bill Text: NY A04814 | 2013-2014 | General Assembly | Introduced

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Bill Title: Prevents gas and electric companies from expanding transmission lines or electric generating facilities for lines and facilities originating outside of New York.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2014-01-08 - referred to judiciary [A04814 Detail]

Download: New_York-2013-A04814-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4814
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 11, 2013
                                      ___________
       Introduced  by  M.  of  A. MORELLE, GABRYSZAK, ZEBROWSKI, RUSSELL, RYAN,
         BRINDISI, HEVESI, CUSICK, SKOUFIS -- read once  and  referred  to  the
         Committee on Judiciary
       AN  ACT to amend the transportation corporations law, in relation to the
         powers of gas and electric corporations
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.    Section  11  of  the transportation corporations law is
    2  amended by adding a new subdivision 8 to read as follows:
    3    8. SUBDIVISIONS THREE, THREE-A AND THREE-B OF THIS SECTION  SHALL  NOT
    4  APPLY TO ANY ELECTRIC CORPORATION WHICH:
    5    (A) SEEKS, THROUGH ITSELF, OR THROUGH ONE OR MORE AFFILIATED INTERESTS
    6  AS DEFINED IN PARAGRAPH (C) OF THIS SUBDIVISION, TO EITHER BUILD A TRAN-
    7  SMISSION  LINE  OR  TO EXPAND AN EXISTING TRANSMISSION LINE WHICH TRANS-
    8  MISSION LINE ORIGINATES AT A LOCATION OUTSIDE OF THE TERRITORIAL  LIMITS
    9  OF  THE  UNITED  STATES  OF AMERICA AND EXTENDS TO A LOCATION WITHIN THE
   10  STATE OF NEW YORK; OR
   11    (B) SEEKS, THROUGH ITSELF, OR THROUGH ONE OR MORE AFFILIATED INTERESTS
   12  AS DEFINED IN PARAGRAPH (C) OF THIS  SUBDIVISION,  TO  EITHER  BUILD  AN
   13  ELECTRIC GENERATING FACILITY, OR TO EXPAND AN EXISTING ELECTRIC GENERAT-
   14  ING  FACILITY  THAT  IS LOCATED OUTSIDE OF THE TERRITORIAL LIMITS OF THE
   15  UNITED STATES OF AMERICA TOGETHER WITH BUILDING OR  OTHERWISE  UTILIZING
   16  AN  EXISTING  ELECTRICAL  INTERCONNECTION  TO A POINT LOCATED WITHIN THE
   17  STATE OF NEW YORK.
   18    (C) FOR THE PURPOSES OF THIS SUBDIVISION, THE  FOLLOWING  TERMS  SHALL
   19  HAVE THE FOLLOWING MEANINGS:
   20    I.  "AFFILIATED  INTERESTS"  SHALL  INCLUDE BUT NOT BE LIMITED TO, ANY
   21  PERSON WHICH DIRECTLY, INDIRECTLY, OR CONSTRUCTIVELY:
   22    A. CONTROLS ANOTHER PERSON;
   23    B. IS CONTROLLED BY ANOTHER PERSON; OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02279-02-3
       A. 4814                             2
    1    C. IS, ALONG WITH ANOTHER  PERSON,  UNDER  THE  CONTROL  OF  A  COMMON
    2  PARENT.
    3    II.  "CONTROL"  MEANS  POSSESSION OF THE POWER TO DIRECT, OR CAUSE THE
    4  DIRECTION OF, THE MANAGEMENT AND POLICIES OF ANOTHER PERSON.
    5    III. "PERSON" MEANS ANY INDIVIDUAL, CORPORATION, PUBLIC BENEFIT CORPO-
    6  RATION, POLITICAL SUBDIVISION, SOVEREIGN OR  TRIBAL  NATION,  GOVERNMENT
    7  AGENCY,  MUNICIPALITY,  PARTNERSHIP,  CO-OPERATIVE ASSOCIATION, TRUST OR
    8  ESTATE.
    9    S 2. This act shall take effect immediately.