S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5436
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 13, 2009
                                      ___________
       Introduced  by  M.  of  A.  GIANARIS,  LANCMAN, GREENE, MILLMAN, FIELDS,
         DINOWITZ, EDDINGTON, ROSENTHAL, ROBINSON, PERALTA, KAVANAGH --  Multi-
         Sponsored  by -- M. of A.  BOYLAND, BRENNAN, CLARK, COOK, DIAZ, GLICK,
         GOTTFRIED, HYER-SPENCER, KELLNER, V. LOPEZ, MAISEL, MARKEY, MAYERSOHN,
         PHEFFER, SCHIMEL, WRIGHT -- read once and referred to the Committee on
         Corporations, Authorities and Commissions
       AN ACT to amend the public service law, in  relation  to  requiring  the
         public  service  commission to provide the appropriate local community
         board in a city with a population of one million or more  with  notice
         of and opportunity to comment and make recommendations on any proposed
         sale  or acquisition of real property by a gas corporation or electric
         corporation furnishing utility service
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 107 of the public service law is amended by adding
    2  a new subdivision 3 to read as follows:
    3    3. WITH REGARD TO THE PROPOSED SALE OR ACQUISITION OF REAL PROPERTY BY
    4  ANY GAS CORPORATION OR ELECTRIC CORPORATION FURNISHING  UTILITY  SERVICE
    5  IN  A  CITY  HAVING  A POPULATION OF ONE MILLION OR MORE, THE COMMISSION
    6  SHALL PROVIDE THE LOCAL COMMUNITY BOARD HAVING  JURISDICTION  OVER  SUCH
    7  REAL  PROPERTY  WITH  NOTICE  OF SUCH PROPOSED TRANSACTION, BY CERTIFIED
    8  MAIL, RETURN RECEIPT REQUESTED, WITHIN TEN DAYS OF RECEIVING AN APPLICA-
    9  TION FOR APPROVAL OF THE TRANSACTION. WITHIN THIRTY  DAYS  OF  RECEIVING
   10  SUCH  NOTICE,  A  LOCAL  COMMUNITY  BOARD SHALL SUBMIT TO THE COMMISSION
   11  WRITTEN COMMENTS AND RECOMMENDATIONS ON SUCH PROPOSED  TRANSACTION.  THE
   12  COMMISSION SHALL ADDRESS AND RESPOND TO ALL COMMENTS AND RECOMMENDATIONS
   13  SUBMITTED  BY  A LOCAL COMMUNITY BOARD PRIOR TO MAKING ITS DETERMINATION
   14  OF THE APPLICATION OF THE PUBLIC UTILITY.
   15    S 2. This act shall take effect on the sixtieth  day  after  it  shall
   16  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05897-01-9