Bill Text: NY A05862 | 2011-2012 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2012-01-04 - referred to corporations, authorities and commissions [A05862 Detail]

Download: New_York-2011-A05862-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5862
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 2, 2011
                                      ___________
       Introduced by M. of A. BRENNAN, RUSSELL, MAGEE -- read once and referred
         to the Committee on Corporations, Authorities and Commissions
       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    4  provisions in other acts superseded.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, PROVIDED,
   14  HOWEVER, THAT SUCH MUNICIPAL CORPORATIONS SHALL REMAIN  SUBJECT  TO  THE
   15  REQUIREMENTS  OF  SECTION  SIXTY-EIGHT  OF  THE  PUBLIC SERVICE LAW; AND
   16  PROVIDED, FURTHER, THAT THIS EXEMPTION FROM  PUBLIC  SERVICE  COMMISSION
   17  JURISDICTION  SHALL  NOT  APPLY TO: (1) MUNICIPAL CORPORATIONS THAT SELF
   18  GENERATE POWER FOR DISTRIBUTION PURPOSES; (2) POWER AUTHORITIES THAT ARE
   19  ESTABLISHED BY THE LEGISLATURE AFTER MAY TWENTIETH,  TWO  THOUSAND  TEN;
   20  AND  (3) MUNICIPAL CORPORATIONS THAT ARE ESTABLISHED PURSUANT TO SECTION
   21  THREE HUNDRED SIXTY OF THE GENERAL MUNICIPAL LAW  AFTER  MAY  TWENTIETH,
   22  TWO  THOUSAND  TEN.  Except  to  the  extent article seven of the public
   23  service law applies to the siting and operation of a major utility tran-
   24  smission facility as defined therein, and except to the  extent  section
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07031-01-1
       A. 5862                             2
    1  eighteen-a  of  such  law  provides  for assessment of the authority for
    2  certain costs relating thereto, the provisions of the public service law
    3  and of the ENVIRONMENTAL conservation law and every other  law  relating
    4  to  the department of public service or the public service commission or
    5  to the conservation department or to the  functions,  powers  or  duties
    6  assigned  to  the  division  of  water  power and control by chapter six
    7  hundred nineteen, of the laws of nineteen hundred twenty-six,  shall  so
    8  far  as is necessary to make this title effective in accordance with its
    9  terms and  purposes  be  deemed  to  be  superseded,  and  wherever  any
   10  provision  of law shall be found in conflict with the provisions of this
   11  title or inconsistent with the purposes thereof, it shall be  deemed  to
   12  be superseded, modified or repealed as the case may require.
   13    S  2.  Subdivision  2  of  section 364 of the general municipal law is
   14  amended by adding a new paragraph (c) to read as follows:
   15    (C) A  MUNICIPAL  CORPORATION  THAT  OWNS  AND  OPERATES  AN  ELECTRIC
   16  DISTRIBUTION  SYSTEM  AND  DISTRIBUTES ANY POWER FROM THE NEW YORK POWER
   17  AUTHORITY SHALL BE REGULATED BY THE NEW YORK POWER  AUTHORITY,  AND  NOT
   18  SUBJECT  TO  ARTICLE  FOUR OF THE PUBLIC SERVICE LAW, PROVIDED, HOWEVER,
   19  THAT SUCH MUNICIPAL CORPORATIONS SHALL REMAIN SUBJECT  TO  THE  REQUIRE-
   20  MENTS  OF  SECTION  SIXTY-EIGHT  OF THE PUBLIC SERVICE LAW; AND PROVIDED
   21  FURTHER THAT THIS EXEMPTION FROM PUBLIC SERVICE COMMISSION  JURISDICTION
   22  SHALL  NOT  APPLY  TO: (1) THOSE MUNICIPALITIES THAT SELF GENERATE POWER
   23  FOR DISTRIBUTION PURPOSES; (2) POWER AUTHORITIES THAT ARE ESTABLISHED BY
   24  THE LEGISLATURE AFTER MAY TWENTIETH, TWO THOUSAND TEN; AND (3) MUNICIPAL
   25  CORPORATIONS THAT ARE ESTABLISHED  PURSUANT  TO  SECTION  THREE  HUNDRED
   26  SIXTY OF THIS ARTICLE AFTER MAY TWENTIETH, TWO THOUSAND TEN.
   27    S 3. This act shall take effect January 1, 2012.