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.
STATE OF NEW YORK
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6251
2013-2014 Regular Sessions
IN ASSEMBLY
March 25, 2013
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Introduced by M. of A. BRENNAN, RUSSELL, MAGEE -- Multi-Sponsored by --
M. of A. JACOBS -- read once and referred to the Committee on Corpo-
rations, 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 388 of the laws of 2011, is amended to read as follows:
3 § 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4 provisions in other acts superseded.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 twelve;
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 twelve. Except to the extent article seven of the public
23 service law applies to the siting and operation of a major utility tran-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09775-01-3
A. 6251 2
1 smission facility as defined therein, and article ten of the public
2 service law applies to the siting of a major electric generating facili-
3 ty as defined therein, and except to the extent section eighteen-a of
4 the public service law provides for assessment of the authority for
5 certain costs relating thereto, the provisions of the public service law
6 and of the environmental conservation law and every other law relating
7 to the department of public service or the public service commission or
8 to the environmental conservation department or to the functions, powers
9 or duties assigned to the division of water power and control by chapter
10 six hundred nineteen of the laws of nineteen hundred twenty-six, shall
11 so far as is necessary to make this title effective in accordance with
12 its terms and purposes be deemed to be superseded, and wherever any
13 provision of law shall be found in conflict with the provisions of this
14 title or inconsistent with the purposes thereof, it shall be deemed to
15 be superseded, modified or repealed as the case may require.
16 § 2. Subdivision 2 of section 364 of the general municipal law is
17 amended by adding a new paragraph (c) to read as follows:
18 (c) A municipal corporation that owns and operates an electric
19 distribution system and distributes any power from the New York Power
20 Authority shall be regulated by the New York Power Authority, and not
21 subject to article four of the public service law, provided, however,
22 that such municipal corporations shall remain subject to the require-
23 ments of section sixty-eight of the public service law; and provided
24 further that this exemption from public service commission jurisdiction
25 shall not apply to: (1) those municipalities that self generate power
26 for distribution purposes; (2) power authorities that are established by
27 the legislature after May twentieth, two thousand twelve; and (3) munic-
28 ipal corporations that are established pursuant to section three hundred
29 sixty of this article after May twentieth, two thousand twelve.
30 § 3. This act shall take effect January 1, 2014.
