Bill Text: NY S07890 | 2009-2010 | General Assembly | Amended

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Bill Title: Provides that the New York power authority shall have jurisdiction over any municipal corporation that owns and operates an electric distribution system and distributes any power from the authority.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2010-06-15 - REPORTED AND COMMITTED TO RULES [S07890 Detail]

Download: New_York-2009-S07890-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7890--B
                                   I N  S E N A T E
                                     May 20, 2010
                                      ___________
       Introduced by Sens. MAZIARZ, GRIFFO, AUBERTINE -- read twice and ordered
         printed,  and  when printed to be committed to the Committee on Energy
         and Telecommunications -- committee discharged, bill amended,  ordered
         reprinted  as  amended  and  recommitted to said committee -- reported
         favorably from said  committee  and  committed  to  the  Committee  on
         Finance  --  committee  discharged, bill amended, ordered reprinted as
         amended and recommitted to said committee
       AN ACT to amend the public authorities law  and  the  general  municipal
         law,  in  relation  to  clarifying the regulatory authority of the New
         York power authority
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section 1014 of the public authorities law, as amended by
    2  chapter 446 of the laws of 1972, is amended to read as follows:
    3    S 1014. Public service law not applicable to  authority;  inconsistent
    4  provisions  in  other acts superseded. The rates, services and practices
    5  relating to the generation, transmission, distribution and sale OF POWER
    6  by the authority[, of power to be generated from the projects authorized
    7  by this title] shall not be subject to  the  provisions  of  the  public
    8  service law nor to regulation by, nor the jurisdiction of the department
    9  of public service.  IN PARTICULAR, THE AUTHORITY, AND NOT THE DEPARTMENT
   10  OF  PUBLIC SERVICE, WILL HAVE REGULATORY AUTHORITY AND JURISDICTION OVER
   11  ANY MUNICIPAL CORPORATION AS DEFINED IN SECTION THREE HUNDRED  SIXTY  OF
   12  THE  GENERAL  MUNICIPAL  LAW THAT OWNS AND OPERATES AN ELECTRIC DISTRIB-
   13  UTION SYSTEM AND DISTRIBUTES ANY POWER FROM THE  AUTHORITY,  EXCEPT  FOR
   14  (1)  MUNICIPAL  CORPORATIONS  THAT  SELF GENERATE POWER FOR DISTRIBUTION
   15  PURPOSES; (2) POWER AUTHORITIES THAT ARE ESTABLISHED BY THE  LEGISLATURE
   16  AFTER  MAY  TWENTIETH,  TWO THOUSAND TEN; AND (3) MUNICIPAL CORPORATIONS
   17  THAT ARE ESTABLISHED PURSUANT TO SECTION  THREE  HUNDRED  SIXTY  OF  THE
   18  GENERAL  MUNICIPAL  LAW AFTER MAY TWENTIETH, TWO THOUSAND TEN. Except to
   19  the extent article seven of the public service law applies to the siting
   20  and operation of a major utility transmission facility as defined there-
   21  in, and except to the extent section eighteen-a of such law provides for
   22  assessment of the authority for  certain  costs  relating  thereto,  the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD17195-04-0
       S. 7890--B                          2
    1  provisions  of the public service law and of the ENVIRONMENTAL conserva-
    2  tion law and every other  law  relating  to  the  department  of  public
    3  service  or the public service commission or to the conservation depart-
    4  ment  or  to the functions, powers or duties assigned to the division of
    5  water power and control by chapter six hundred nineteen, of the laws  of
    6  nineteen  hundred  twenty-six, shall so far as is necessary to make this
    7  title effective in accordance with its terms and purposes be  deemed  to
    8  be  superseded,  and  wherever  any  provision  of law shall be found in
    9  conflict with the provisions of this  title  or  inconsistent  with  the
   10  purposes  thereof,  it  shall  be  deemed  to be superseded, modified or
   11  repealed as the case may require.
   12    S 2. Subdivision 2 of section 364 of  the  general  municipal  law  is
   13  amended by adding a new paragraph (c) to read as follows:
   14    (C)  A  MUNICIPAL  CORPORATION  THAT  OWNS  AND  OPERATES  AN ELECTRIC
   15  DISTRIBUTION SYSTEM AND DISTRIBUTES ANY POWER FROM THE  NEW  YORK  POWER
   16  AUTHORITY  SHALL  BE  REGULATED BY THE NEW YORK POWER AUTHORITY, AND NOT
   17  SUBJECT TO ARTICLE FOUR OF THE PUBLIC SERVICE LAW, EXCEPT FOR (1)  THOSE
   18  MUNICIPALITIES  THAT  SELF GENERATE POWER FOR DISTRIBUTION PURPOSES; (2)
   19  POWER AUTHORITIES THAT ARE ESTABLISHED  BY  THE  LEGISLATURE  AFTER  MAY
   20  TWENTIETH,  TWO  THOUSAND  TEN;  AND (3) MUNICIPAL CORPORATIONS THAT ARE
   21  ESTABLISHED PURSUANT TO SECTION  THREE  HUNDRED  SIXTY  OF  THE  GENERAL
   22  MUNICIPAL LAW AFTER MAY TWENTIETH, TWO THOUSAND TEN.
   23    S 3. This act shall take effect January 1, 2011.