Bill Text: NY A05494 | 2011-2012 | General Assembly | Introduced

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Bill Title: Clarifies provisions of the Long Island Power Authority Act regarding whether such act preempts certain powers granted to any municipality located in whole or in part in the service area of the Long Island Power Authority by providing that it does not preempt such municipalities from exercising their authority to establish municipal power agencies and to acquire facilities through eminent domain.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-05-22 - held for consideration in corporations, authorities and commissions [A05494 Detail]

Download: New_York-2011-A05494-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 3447                                                  A. 5494
                              2011-2012 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                   February 22, 2011
                                      ___________
       IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
         ed,  and  when  printed to be committed to the Committee on Energy and
         Telecommunications
       IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
         to the Committee on Corporations, Authorities and Commissions
       AN ACT to amend the public authorities law, in relation to powers grant-
         ed to municipalities concerning public utility services
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 1020-h of the public authorities law, as  added  by
    2  chapter  517  of the laws of 1986, is amended by adding two new subdivi-
    3  sions 12 and 13 to read as follows:
    4    12. NOTHING IN THIS TITLE SHALL BE CONSTRUED AS PREEMPTING, OR  OTHER-
    5  WISE  LIMITING,  THE  RIGHTS  OF ANY MUNICIPALITY LOCATED IN WHOLE OR IN
    6  PART IN THE SERVICE AREA FROM EXERCISING ANY POWER OR AUTHORITY  GRANTED
    7  TO  IT BY ARTICLE FOURTEEN-A OF THE GENERAL MUNICIPAL LAW, INCLUDING THE
    8  RIGHT TO ACQUIRE FACILITIES THROUGH  EMINENT  DOMAIN  AS  SET  FORTH  IN
    9  SUBDIVISION  SIX OF SECTION THREE HUNDRED SIXTY OF THE GENERAL MUNICIPAL
   10  LAW.
   11    13. IN CONJUNCTION WITH THE EXERCISE OF THE POWER  OF  EMINENT  DOMAIN
   12  SPECIFICALLY  RESERVED  TO MUNICIPALITIES LOCATED IN WHOLE OR IN PART IN
   13  THE SERVICE AREA, THE LEGISLATIVE FINDINGS WITH RESPECT TO THE APPROPRI-
   14  ATE VALUATION OF LILCO'S  PROPERTY,  AS  SET  FORTH  IN  PARAGRAPHS  (F)
   15  THROUGH  (M)  OF SUBDIVISION ONE OF THIS SECTION, SHALL BE CONSIDERED BY
   16  THE COURT IN ESTABLISHING JUST COMPENSATION FOR ANY  PROPERTY  TAKEN  BY
   17  ANY SUCH MUNICIPALITY.
   18    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03818-01-1