Clarifies provisions of the Long Island Power Authority Act regarding whether such act preempts certain powers granted to any municipality located in whole or in part in the service area of the Long Island Power Authority by providing that it does not preempt such municipalities from exercising their authority to establish municipal power agencies and to acquire facilities through eminent domain.
STATE OF NEW YORK
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S. 3447 A. 5494
2011-2012 Regular Sessions
SENATE - ASSEMBLY
February 22, 2011
___________
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Energy and
Telecommunications
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred
to the Committee on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to powers grant-
ed to municipalities concerning public utility services
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1020-h of the public authorities law, as added by
2 chapter 517 of the laws of 1986, is amended by adding two new subdivi-
3 sions 12 and 13 to read as follows:
4 12. Nothing in this title shall be construed as preempting, or other-
5 wise limiting, the rights of any municipality located in whole or in
6 part in the service area from exercising any power or authority granted
7 to it by article fourteen-A of the general municipal law, including the
8 right to acquire facilities through eminent domain as set forth in
9 subdivision six of section three hundred sixty of the general municipal
10 law.
11 13. In conjunction with the exercise of the power of eminent domain
12 specifically reserved to municipalities located in whole or in part in
13 the service area, the legislative findings with respect to the appropri-
14 ate valuation of LILCO's property, as set forth in paragraphs (f)
15 through (m) of subdivision one of this section, shall be considered by
16 the court in establishing just compensation for any property taken by
17 any such municipality.
18 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03818-01-1
