Bill Text: NY S01139 | 2013-2014 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Abolishes the Hudson river-Black river regulating district and devolves such powers to the power authority of the state of New York.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-05-21 - PRINT NUMBER 1139B [S01139 Detail]
Download: New_York-2013-S01139-Introduced.html
Bill Title: Abolishes the Hudson river-Black river regulating district and devolves such powers to the power authority of the state of New York.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-05-21 - PRINT NUMBER 1139B [S01139 Detail]
Download: New_York-2013-S01139-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1139 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sen. BRESLIN -- read twice and ordered printed, and when printed to be committed to the Committee on Education AN ACT to amend the education law, in relation to expenditures by certain school districts and to amend the environmental conservation law, in relation to abolishing the Hudson river-Black river regulating district and devolving such powers to the power authority of the state of New York; and to repeal certain provisions of the environmental conservation law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 2022 of the education law is amended by adding a 2 new subdivision 7 to read as follows: 3 7. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION AND SECTION TWO 4 THOUSAND TWENTY-THREE OF THIS PART FOR THE TWO THOUSAND THIRTEEN--TWO 5 THOUSAND FOURTEEN SCHOOL YEAR, ANY SCHOOL DISTRICT LOCATED WITHIN THE 6 HUDSON RIVER-BLACK RIVER REGULATING DISTRICT MAY EXCEED THE LEVEL OF 7 EXPENDITURES AUTHORIZED BY THE VOTE REQUIRED BY SUBDIVISION ONE OF THIS 8 SECTION OR THE LEVEL OF EXPENDITURES SET BY THE BOARD OF EDUCATION IN 9 ACCORDANCE WITH SECTION TWO THOUSAND TWENTY-THREE OF THIS PART BY THE 10 AMOUNT OF REAL PROPERTY TAXES OR PAYMENTS IN LIEU OF TAXES MADE BY THE 11 NEW YORK POWER AUTHORITY AFTER THE DISSOLUTION OF SUCH REGULATING 12 DISTRICT. 13 S 2. The environmental conservation law is amended by adding a new 14 section 15-2142 to read as follows: 15 S 15-2142. HUDSON RIVER-BLACK RIVER REGULATING DISTRICT AND STATE OF NEW 16 YORK POWER AUTHORITY: OLD BOARDS ABOLISHED; TRANSFER OF 17 FUNCTIONS; PENDING ACTIONS AND PROCEEDINGS; INTERPRETATION 18 OF DOCUMENTS; EXISTING RIGHTS AND REMEDIES. 19 1. EXCEPT AS HEREINAFTER PROVIDED, THE BOARD OF THE HUDSON RIVER-BLACK 20 RIVER REGULATING DISTRICT IS HEREBY ABOLISHED, AND ALL OF THE JURISDIC- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01551-01-3 S. 1139 2 1 TION, FUNCTIONS, POWERS, DUTIES AND OBLIGATIONS POSSESSED OR EXERCISED 2 BY, OR FOR WHICH COMMITMENTS HAVE BEEN MADE BY, SUCH BOARDS, INCLUDING 3 LANDS OR PROPERTY ACQUIRED, MONEYS OF THE BOARDS, AND ACTIONS TAKEN OR 4 DETERMINATIONS MADE BY SUCH BOARDS, ARE HEREBY TRANSFERRED TO, ASSIGNED 5 TO AND DEVOLVED UPON THE POWER AUTHORITY OF THE STATE OF NEW YORK AND 6 ITS CHAIRMAN. 7 2. EXCEPT AS HEREINAFTER PROVIDED, THE CONTRACTS, BOOKS, MAPS, PLANS, 8 PAPERS, RECORDS AND PROPERTY OF WHATEVER DESCRIPTION WITHIN THE JURIS- 9 DICTION OR UNDER THE CONTROL OF THE HUDSON RIVER-BLACK RIVER REGULATING 10 DISTRICT, INCLUDING MONEYS APPROPRIATED AND AVAILABLE TO SUCH DISTRICTS, 11 PERTAINING TO OR USED IN CONNECTION WITH THE EXERCISE OR PERFORMANCE OF 12 THE FUNCTIONS, POWERS AND DUTIES HEREBY TRANSFERRED AND ASSIGNED, SHALL 13 BE DELIVERED TO THE CHAIRMAN OF THE NEW YORK STATE POWER AUTHORITY, WHO 14 IS HEREBY AUTHORIZED TO TAKE POSSESSION THEREOF. 15 3. FOR THE PURPOSES OF SUCCESSION, THE FUNCTIONS, POWERS AND DUTIES 16 TRANSFERRED, ASSIGNED TO, AND DEVOLVING UPON THE POWER AUTHORITY SHALL 17 BE DEEMED TO CONSTITUTE A CONTINUATION OF SUCH FUNCTIONS, POWERS AND 18 DUTIES EXERCISED BY THE HUDSON RIVER-BLACK RIVER REGULATING DISTRICT, 19 AND THE ACTS, ORDERS, RULES, REGULATIONS AND DETERMINATIONS OF SUCH 20 DISTRICTS SHALL HAVE, AND CONTINUE WITH, THE SAME FORCE AND EFFECT AS 21 THOUGH DONE BY OR MADE BY THE POWER AUTHORITY. 22 4. ANY BUSINESS OR MATTER HERETOFORE UNDERTAKEN OR COMMENCED BY OR 23 BEFORE THE HUDSON RIVER-BLACK RIVER REGULATING DISTRICT, OR ANY ACTION 24 OR PROCEEDING HERETOFORE BROUGHT BY OR AGAINST SUCH DISTRICTS, PERTAIN- 25 ING TO OR CONNECTED WITH THE FUNCTIONS, POWERS AND DUTIES HEREBY TRANS- 26 FERRED AND ASSIGNED TO THE POWER AUTHORITY MAY BE CONDUCTED, COMPLETED, 27 PROSECUTED AND DEFENDED BY AND IN THE NAME OF THE POWER AUTHORITY. IN 28 ALL SUCH ACTIONS AND PROCEEDINGS THE HUDSON RIVER-BLACK RIVER REGULATING 29 DISTRICT, UPON APPLICATION TO THE COURT, MAY BE SUBSTITUTED AS A PARTY. 30 5. WHEN THE HUDSON RIVER-BLACK RIVER REGULATING DISTRICT IS REFERRED 31 TO OR DESIGNATED IN ANY LAW, CONTRACT OR DOCUMENT, SUCH REFERENCE OR 32 DESIGNATION SHALL BE DEEMED TO REFER TO AND INCLUDE THE POWER AUTHORITY 33 SO FAR AS SUCH LAW, CONTRACT OR DOCUMENT PERTAINS TO MATTERS WHICH ARE 34 WITHIN ITS JURISDICTION BY REASON OF SUCH TRANSFER AND ASSIGNMENT OF 35 FUNCTIONS, POWERS AND DUTIES. 36 S 3. Section 15-2137 of the environmental conservation law is 37 REPEALED. 38 S 4. Section 15-2139 of the environmental conservation law is 39 REPEALED. 40 S 5. Section 15-2141 of the environmental conservation law is 41 REPEALED. 42 S 6. This act shall take effect on the first of July next succeeding 43 the date on which it shall have become a law; provided, however, that 44 effective immediately, the addition, amendment and/or repeal of any rule 45 or regulation necessary for the implementation of this act on its effec- 46 tive date is authorized and directed to be made and completed on or 47 before such effective date; provided, further that the amendment to 48 section 2022 of the education law made by section one of this act shall 49 not affect the expiration of such section and shall be deemed to expire 50 therewith.