Bill Text: NY S03335 | 2021-2022 | General Assembly | Introduced


Bill Title: Relates to the power authority of the state of New York and the public authorities control board; prohibits the power authority from undertaking any project or sale of any asset exceeding one million dollars without the approval from the public authorities control board; provides for factors for such determination; creates a temporary special commission on the restructuring of the power authority of the state of New York; directs the New York state energy research and development authority to conduct studies related to the state's electric transmission system, the state's natural gas infrastructure and a comprehensive energy plan for the downstate region of the state.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S03335 Detail]

Download: New_York-2021-S03335-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          3335

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 28, 2021
                                       ___________

        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on  Energy  and  Telecommuni-
          cations

        AN  ACT  to  amend  the public authorities law, in relation to the power
          authority of the state of New York and the public authorities  control
          board; and in relation to directing the New York state energy research
          and  development  authority  to conduct a study related to the state's
          natural gas infrastructure

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision 1 of section 51 of the public authorities law
     2  is amended by adding a new paragraph o to read as follows:
     3    o. Power authority of the state of New York
     4    § 2. Section 1005 of the public authorities law is amended by adding a
     5  new subdivision 11-a to read as follows:
     6    11-a. Notwithstanding any other provision of law to the contrary,  the
     7  authority shall not undertake any project or sale of any asset exceeding
     8  one million dollars in value without the approval of the public authori-
     9  ties  control  board  created pursuant to article one-A of this chapter.
    10  Each application to the public authorities control board shall contain a
    11  project description or description of sale and an explanation of why the
    12  project or sale meets the standards for project approval or approval  of
    13  sale set forth in this subdivision. The public authorities control board
    14  shall  only approve a project or sale proposed by the authority upon its
    15  determination that:
    16    a. the project or sale is financially  feasible  as  the  standard  as
    17  defined in article one-A of this chapter;
    18    b.  the  project  or  sale is anticipated to result generally in lower
    19  utility rates in the state; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07322-01-1

        S. 3335                             2

     1    c. the project or sale will not materially  adversely  affect  overall
     2  real  property  taxes  or utility rates in any areas of the state of New
     3  York.
     4    § 3. Temporary special commission on restructuring the power authority
     5  of  the state of New York. 1. There shall be a temporary special commis-
     6  sion on restructuring the power authority of  the  state  of  New  York,
     7  which  shall possess the powers and duties as specified in this section,
     8  and also all powers necessary or proper to  enable  such  commission  to
     9  carry  out  the  purposes  for  which  it  is established. The temporary
    10  special commission shall consist of eight members as follows:    two  of
    11  whom  shall be appointed by the governor, two of whom shall be appointed
    12  by the temporary president of the senate, two of whom shall be appointed
    13  by the speaker of the assembly, one of whom shall be  appointed  by  the
    14  minority  leader of the senate and one of whom shall be appointed by the
    15  minority leader of the assembly. Each member shall serve at the pleasure
    16  of the respective appointing person.  One of the  members  appointed  by
    17  the  governor shall be selected by the governor to serve as chair of the
    18  temporary special commission. The temporary special commission shall  be
    19  subject  to articles 6 and 7 of the public officers law.  Each member of
    20  the temporary special commission shall be subject to the  provisions  of
    21  article 4 of the public officers law.
    22    2. The temporary special commission on restructuring the power author-
    23  ity of the state of New York shall have the power and duty to:
    24    (a)  conduct  hearings, discussions, and negotiations among members of
    25  the public, affected businesses, and representatives of government; and
    26    (b) issue a final report to the  governor  and  legislature  detailing
    27  recommendations on restructuring the power authority of the state of New
    28  York,  including, but not limited to, the following issues: the divesti-
    29  ture of  such  authority's  non-hydroelectric  generation  assets;  such
    30  authority's  role  as  a transmission provider; such authority's role in
    31  the power for jobs and economic development power programs; such author-
    32  ity's energy efficiency programs; such  authority's  relationship  with,
    33  and  obligation  to,  host  communities,  including, but not limited to,
    34  payments-in-lieu of taxes to local municipalities and school  districts,
    35  economic  development  investments,  and community revitalization initi-
    36  atives; and such authority's role in a deregulated energy market. On  or
    37  before  September  1, 2024 such commission shall transmit such report to
    38  the governor, the speaker of the assembly, the minority  leader  of  the
    39  assembly,  the temporary president of the senate, the minority leader of
    40  the senate, the chairman of the assembly energy committee and the chair-
    41  man of the senate energy and telecommunications committee.
    42    § 4. The public authorities law is amended by  adding  a  new  section
    43  1855-a to read as follows:
    44    § 1855-a. Natural gas supply and infrastructure study. 1. The authori-
    45  ty  shall  undertake a study of issues, including but not limited to the
    46  supply, transportation, pipeline capacity, distribution and  storage  of
    47  natural  gas in New York state. The authority may contract with an inde-
    48  pendent and competitively selected contractor to undertake  such  study.
    49  The  authority  shall  prepare  a report on its findings and legislative
    50  recommendations. On or before September first, two thousand twenty-four,
    51  the authority shall transmit such report to the governor, the  temporary
    52  president  of  the  senate, the speaker of the assembly, the chairman of
    53  the senate energy and telecommunications committee and the  chairman  of
    54  the assembly energy committee.
    55    2. The study shall include, at a minimum, an assessment of each of the
    56  following:

        S. 3335                             3

     1    (a)  current  utility  practices in procuring the commodity of natural
     2  gas and a comparison, by utility territory in the state, of  impacts  on
     3  rates  for  end-use customers; (b) the current and projected adequacy of
     4  the  natural  gas  infrastructure,  including  transportation,  pipeline
     5  capacity,  distribution  and  storage in New York state; (c) adequacy of
     6  transportation and distribution in densely populated areas of the  state
     7  and  in  rural  areas  of  the  state; (d) investment in infrastructure,
     8  including capital improvements, utilization of  new  technology,  expan-
     9  sions,  and maintenance; (e) the adequacy of transportation and distrib-
    10  ution infrastructure in areas where natural gas fueled electric generat-
    11  ing plants are proposed; (f) indigenous sources of natural  gas  in  the
    12  state;  (g)  workforce  adequacy,  including the availability of skilled
    13  laborers  and  the  adequacy  of  skills  training  and   apprenticeship
    14  programs;  and  (h)  the  potential impact of distributed generation and
    15  combined heat and  power  systems  on  natural  gas  transportation  and
    16  distribution system adequacy.
    17    § 5. This act shall take effect immediately.
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