Bill Text: NY A10162 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to contracts entered into by the Long Island Power Authority for emergency goods and services.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-05-10 - referred to corporations, authorities and commissions [A10162 Detail]
Download: New_York-2023-A10162-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10162 IN ASSEMBLY May 10, 2024 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. K. Brown) -- read once and referred to the Committee on Corporations, Authorities and Commissions AN ACT to amend the public authorities law, the executive law and the state finance law, in relation to contracts entered into by the Long Island Power Authority for emergency goods and services The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 1020-b 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 25 and 26 to read as follows: 4 25. "Short-term public power purchase agreement" shall denote 5 contracts for the purchase, sale, or delivery of power or energy, fuel, 6 costs and services ancillary thereto, or financial products related 7 thereto, with a term of less than five years. 8 26. "Contracts for emergency goods or services" shall denote contracts 9 entered into for procurement of goods, services, or both, made to meet 10 emergencies arising from unforeseen causes or to effect repairs to crit- 11 ical infrastructure that are necessary to avoid delay in the delivery of 12 critical services that could compromise the public welfare. 13 § 2. Subdivision (h) of section 1020-f of the public authorities law, 14 as added by chapter 517 of the laws of 1986, is amended to read as 15 follows: 16 (h) To make and execute agreements, contracts and other instruments 17 necessary or convenient in the exercise of the powers and functions of 18 the authority under this title, including contracts with any person, 19 firm, corporation, municipality, state agency or other entity in accord- 20 ance with the provisions of section one hundred three of the general 21 municipal law, and all state agencies and all municipalities are hereby 22 authorized to enter into and do all things necessary to perform any such 23 agreement, contract or other instrument with the authority, except that 24 (i) the authority's contracts, other than as specified in paragraph (ii) 25 of this subdivision, shall only be subject to bidding requirements and 26 pre-audit requirements whenever such contract exceeds an amount estab- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15018-01-4A. 10162 2 1 lished by the comptroller in consultation with the authority, and (ii) 2 the authority's contracts entered into for categories described in para- 3 graphs (c), (d) and (e) of subdivision three of section twenty-eight 4 hundred seventy-nine-a of this chapter, shall not be subject to the 5 bidding requirements or pre-audit requirements of the comptroller pursu- 6 ant to section one thousand twenty-mm of this title, but shall be 7 entered into pursuant to guidelines and thresholds established by the 8 comptroller in consultation with the authority. Any such contracts shall 9 be filed with the comptroller within sixty days after their execution; 10 § 3. Section 1020-cc of the public authorities law, as amended by 11 section 11 of part A of chapter 173 of the laws of 2013, is amended to 12 read as follows: 13 § 1020-cc. Authority subject to certain provisions contained in the 14 state finance law, the public service law, the social services law and 15 the general municipal law. 1. (a) All contracts of the authority shall 16 be subject to the provisions of the state finance law relating to 17 contracts made by the state. The authority shall also establish rules 18 and regulations with respect to providing to its residential gas, elec- 19 tric and steam utility customers those rights and protections provided 20 in article two and sections one hundred seventeen and one hundred eigh- 21 teen of the public service law and section one hundred thirty-one-s of 22 the social services law. The authority shall conform to any safety stan- 23 dards regarding manual lockable disconnect switches for solar electric 24 generating equipment established by the public service commission pursu- 25 ant to subparagraph (ii) of paragraph (a) of subdivision five and 26 subparagraph (ii) of paragraph (a) of subdivision five-a of section 27 sixty-six-j of the public service law. The authority shall let contracts 28 for construction or purchase of supplies, materials, or equipment pursu- 29 ant to section one hundred three and paragraph (e) of subdivision four 30 of section one hundred twenty-w of the general municipal law. 31 (b) Notwithstanding paragraph (a) of this subdivision, before any 32 contract made for or by the authority shall be executed or become effec- 33 tive, whenever such contract exceeds an amount established by the comp- 34 troller in consultation with the authority, it shall first be approved 35 by the office of the comptroller and filed in such office pursuant to 36 section one hundred twelve of the state finance law, except for catego- 37 ries described in paragraphs (c), (d) and (e) of subdivision three of 38 section twenty-eight hundred seventy-nine-a of this chapter which shall 39 not be subject to the bidding requirements or pre-audit requirements of 40 the comptroller pursuant to section one thousand twenty-mm of this 41 title, but shall be entered into pursuant to guidelines and thresholds 42 established by the comptroller in consultation with the authority, and 43 any collective bargaining agreements. 44 2. The authority [and service provider] shall provide to the state 45 comptroller on March thirty-first and September thirtieth of each year a 46 report documenting each contract in excess of two hundred fifty thousand 47 dollars per year entered into with a third party and related to manage- 48 ment and operation services associated with the authority's electric 49 transmission and distribution system, including the name of the third 50 party, the contract term and a description of services or goods to be 51 procured, and post such report on each of their websites. All contracts 52 necessary for conducting utility operations entered into between [the53service provider] ServCo and third parties are not subject to the 54 requirements of subdivision one of this section. 55 § 4. Section 1020-mm of the public authorities law, as amended by 56 chapter 37 of the laws of 2023, is amended to read as follows:A. 10162 3 1 § 1020-mm. Prioritization of emergency services. 1. Extraordinary 2 circumstances, including excessive costs, shortages of supply, and the 3 inflated price of fuel, may threaten the capacity to provide utility 4 service essential to the continued safety, health, prosperity, and well- 5 being of the people of Long Island, by reason of the interconnection and 6 interdependence of electric facilities, the reliability of such service 7 throughout the area require emergency action by the authority. It is 8 therefore declared that: 9 (a) If, during a widespread prolonged outage that affects at least 10 twenty thousand customers in the service territory of the authority, and 11 the [service provider] authority is not able to restore electric power 12 services within twenty-four hours to any affected police department, 13 fire department, ambulance service or advanced life support first 14 response service facility that is prewired with an appropriate transfer 15 switch for using an alternate generated power source, [such service16provider] the authority shall notify the village, town or city in which 17 such facility is located. 18 [2.] (b) Towns, cities, and villages shall provide to counties, and 19 counties shall to the extent practicable, provide the [service provider] 20 authority and the division of homeland security and emergency services 21 with a list of such police departments, fire departments, ambulance 22 services and advanced life support first response services located with- 23 in such municipality's territorial boundaries within one year of the 24 effective date of this section, and periodically thereafter as necessary 25 to update such list. 26 [3.] (c) For the purposes of this section, "alternate generated power 27 source" shall mean electric generating equipment that is of the capacity 28 that is capable of providing adequate electricity to operate all life 29 safety systems and the basic operations of a police department, fire 30 department, ambulance service or advanced life support first response 31 service. 32 2. To the extent necessary, and pursuant to guidelines and thresholds 33 established by the comptroller in consultation with the authority, the 34 authority shall be entitled to enter into contracts for emergency goods 35 or services or short-term public power purchase agreements, without 36 being subject to the bidding requirements or pre-audit requirements of 37 the comptroller pursuant to subdivision three of section twenty-eight 38 hundred seventy-nine-a of this chapter in accordance with subdivision 39 (h) of section one thousand twenty-f of this title. This shall include 40 contracts entered into for the procurement of goods, services or both 41 goods and services made to meet emergencies arising from unforeseen 42 causes or to effect repairs to critical infrastructure that are neces- 43 sary to avoid a delay in the delivery of critical services that could 44 compromise the public welfare. Contracts entered into for emergency 45 goods or services or short-term public power purchase agreements shall 46 be pursuant to guidelines established by the comptroller and shall 47 require notice to the office of the state comptroller within forty-eight 48 hours. 49 § 5. Paragraph a of subdivision 9 of section 24 of the executive law, 50 as added by chapter 37 of the laws of 2023, is amended to read as 51 follows: 52 a. Whenever a local state of emergency is declared pursuant to this 53 section and upon receipt of notification by an electric corporation or 54 the [service provider] Long Island power authority, pursuant to section 55 seventy-three-a of the public service law or section one thousand twen- 56 ty-mm of the public authorities law, the chief executive shall coordi-A. 10162 4 1 nate with affected police departments, fire departments, ambulance 2 services and advanced life support first response services prewired with 3 an appropriate transfer switch for using an alternate generated power 4 source for the emergency deployment of alternate generated power sourc- 5 es. 6 § 6. Paragraph (a) of subdivision 2 of section 112 of the state 7 finance law is amended by adding a new subparagraph (iii) to read as 8 follows: 9 (iii) Before the Long Island power authority enters into any contract 10 which exceeds an amount established by the comptroller in consultation 11 with such authority, it shall first be approved by the office of the 12 state comptroller and filed in such office, except that contracts 13 entered into for emergency goods and services or short-term public power 14 purchase contracts must comply with guidelines and thresholds estab- 15 lished by the comptroller in consultation with the Long Island power 16 authority. The Long Island power authority shall not be subject to the 17 fifty thousand dollar limitation set forth in clause one of subparagraph 18 (i) of this paragraph. 19 § 7. Severability. The provisions of this act shall be severable, and 20 if any clause, sentence, paragraph, subdivision, or part of this act 21 shall be adjudged by any court of competent jurisdiction to be invalid, 22 such judgment shall not affect, impair, or invalidate the remainder 23 thereof, but shall be confined in its operation to the clause, sentence, 24 paragraph, subdivision, or part thereof directly involved in the contro- 25 versy in which such judgment shall have been rendered. 26 § 8. This act shall take effect January 1, 2026.
