Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to energy and telecommunications |
Mar 26, 2009 |
referred to energy and telecommunications |
Senate Bill S3646
2009-2010 Legislative Session
Sponsored By
(R) Senate District
Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S3646 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7200
- Current Committee:
- Senate Energy And Telecommunications
- Law Section:
- Public Authorities Law
- Laws Affected:
- Amd §1020-h, Pub Auth L
- Versions Introduced in 2011-2012 Legislative Session:
-
S3447, A5494
2009-S3646 (ACTIVE) - Summary
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.
2009-S3646 (ACTIVE) - Sponsor Memo
BILL NUMBER: S3646 TITLE OF BILL : An act to amend the public authorities law, in relation to powers granted to municipalities concerning public utility services PURPOSE : To clarify the Long Island Power Authority Act by providing that it does not preempt municipalities from exercising their authority to establish municipal power agencies under the General Municipal Law. SUMMARY OF PROVISIONS : Adds two new subdivisions (12) and (13) to §1020(h) of the public authorities law. JUSTIFICATION : Local governments across Long Island are exploring alternatives to LILCO with regard to the preparation of electric power. LILCO has the highest electric rates in the United States. One of the options to LILCO would be for a local government to set up their own power agency under the General Municipal Law, acquiring LILCO's distribution system and acquire power from cheaper sources than LILCO. However, existing law is unclear as to whether local governments on Long Island still have this option or whether they have been preempted
2009-S3646 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 3646 A. 7200 2009-2010 Regular Sessions S E N A T E - A S S E M B L Y March 26, 2009 ___________ 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: Section 1. Section 1020-h of the public authorities law, as added by chapter 517 of the laws of 1986, is amended by adding two new subdivi- sions 12 and 13 to read as follows: 12. NOTHING IN THIS TITLE SHALL BE CONSTRUED AS PREEMPTING, OR OTHER- WISE LIMITING, THE RIGHTS OF ANY MUNICIPALITY LOCATED IN WHOLE OR IN PART IN THE SERVICE AREA FROM EXERCISING ANY POWER OR AUTHORITY GRANTED TO IT BY ARTICLE FOURTEEN-A OF THE GENERAL MUNICIPAL LAW, INCLUDING THE RIGHT TO ACQUIRE FACILITIES THROUGH EMINENT DOMAIN AS SET FORTH IN SUBDIVISION SIX OF SECTION THREE HUNDRED SIXTY OF THE GENERAL MUNICIPAL LAW. 13. IN CONJUNCTION WITH THE EXERCISE OF THE POWER OF EMINENT DOMAIN SPECIFICALLY RESERVED TO MUNICIPALITIES LOCATED IN WHOLE OR IN PART IN THE SERVICE AREA, THE LEGISLATIVE FINDINGS WITH RESPECT TO THE APPROPRI- ATE VALUATION OF LILCO'S PROPERTY, AS SET FORTH IN PARAGRAPHS (F) THROUGH (M) OF SUBDIVISION ONE OF THIS SECTION, SHALL BE CONSIDERED BY THE COURT IN ESTABLISHING JUST COMPENSATION FOR ANY PROPERTY TAKEN BY ANY SUCH MUNICIPALITY. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04554-01-9
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