senate Bill S4948

Signed by Governor Amended

Directs the New York power authority to conduct audits of certain entities who were parties to the federal relicensing agreement approved by the Federal Energy Regulatory Commission

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 01 / May / 2013
    • REFERRED TO ENERGY AND TELECOMMUNICATIONS
  • 21 / May / 2013
    • 1ST REPORT CAL.703
  • 22 / May / 2013
    • 2ND REPORT CAL.
  • 23 / May / 2013
    • ADVANCED TO THIRD READING
  • 10 / Jun / 2013
    • AMENDED ON THIRD READING 4948A
  • 13 / Jun / 2013
    • PASSED SENATE
  • 13 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 13 / Jun / 2013
    • REFERRED TO WAYS AND MEANS
  • 18 / Jun / 2013
    • SUBSTITUTED FOR A7522A
  • 18 / Jun / 2013
    • ORDERED TO THIRD READING RULES CAL.365
  • 18 / Jun / 2013
    • PASSED ASSEMBLY
  • 18 / Jun / 2013
    • RETURNED TO SENATE
  • 06 / Dec / 2013
    • DELIVERED TO GOVERNOR
  • 18 / Dec / 2013
    • SIGNED CHAP.552
  • 19 / Dec / 2013
    • APPROVAL MEMO.15

Summary

Directs the New York power authority to conduct audits of certain entities who were parties to the federal relicensing agreement approved by the Federal Energy Regulatory Commission and who received power allocations or payments pursuant to such agreement.

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Bill Details

Versions:
S4948
S4948A
Legislative Cycle:
2013-2014
Law Section:
Public Authorities Law
Laws Affected:
Amd ยง1005, Pub Auth L

Votes

10
0
10
Aye
0
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
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Sponsor Memo

BILL NUMBER:S4948

TITLE OF BILL: An act to amend the public authorities law, in
relation to duties of the New York power authority

PURPOSE OR GENERAL IDEA OF BILL: To authorize and direct the New York
Power Authority (NYPA) to conduct audits of those entities that
received power allocations or monetary payments associated with the
relicensing agreement adopted on September 1, 2007 in relation to the
Niagara Power Project in Lewiston.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Authorizes the authority to conduct an audit of those
entities who received benefits associated with the relicensing of the
Niagara Power Project. The audit may be conducted by the Authority's
staff or an RFP may be issued to select a private firm. All of the
beneficiaries of power or money associated with relicensing are also
required to fully cooperate. NYPA is then required to provide a report
to the Governor and the Legislature on the results of the audits
conducted by March 1, 2014.

Section 2. Sets forth the effective date

JUSTIFICATION: As of January 2013, NYPA has provided over $208 million
in benefits to Western New York in support of its operating License
for the Niagara Power Project. These benefits include monetary
payments to settlement partners consisting of local municipalities,
state agencies, an Indian nation, school districts, and committees
supporting the development of the Niagara River Greenway. The amount
also includes payments by NYPA for the construction of recreational
projects and ecological enhancements related to the License. In
addition to monetary benefits, 32 MW of low-cost hydropower has been
allocated to several settlement partners saving the recipients as much
as 75% of the cost of energy. These benefits are an important
investment in Western New York's economy, and therefore it is
especially important to account for the use of these resources, and
evaluate how effectively they have been managed. Questions have
consistently been raised about the use of funds by the Niagara
Greenway Commission, as well as those municipalities and public
entities that have benefitted from low cost power and cash payments.
Efforts to compile this information have not been successful up to now
because NYPA does not have the authority to conduct a full audit, and
also lacks the authority to compel those who benefit from the
relicensing agreement to comply with requests for information. This
bill provides the appropriate authority and aims to bring transparency
and accountability to the massive outlays of power and money that have
resulted from the relicensing agreement.

PRIOR LEGISLATIVE.HISTORY: New Bill

FISCAL IMPLICATIONS: To be determined

EFFECTIVE DATE: This act shall take effect immediately.


view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4948

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 1, 2013
                               ___________

Introduced  by  Sen. MAZIARZ -- 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 duties of the
  New York power authority

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1005 of the public authorities law  is  amended  by
adding a new subdivision 24 to read as follows:
  24.  A.  NOTWITHSTANDING  ANY  PROVISION  OF  LAW TO THE CONTRARY, THE
AUTHORITY SHALL UNDERTAKE AN AUDIT OF ALL THE PARTIES SUBJECT  TO  STATE
OVERSIGHT THAT WERE NAMED AS BENEFICIARIES OF A POWER ALLOCATION OR CASH
PAYMENT  IN  THE  FEDERAL  RELICENSING AGREEMENT APPROVED BY THE FEDERAL
ENERGY REGULATORY COMMISSION THAT TOOK EFFECT ON  SEPTEMBER  FIRST,  TWO
THOUSAND  SEVEN,  IN  RELATION TO THE NIAGARA POWER PROJECT IN LEWISTON,
NEW YORK.
  B. AS DEEMED FEASIBLE AND ADVISABLE BY THE TRUSTEES OF THE  AUTHORITY,
THE AUDIT REQUIRED BY THIS SUBDIVISION MAY BE CONDUCTED BY THE AUTHORITY
AND  ITS  STAFF OR IN THE ALTERNATIVE THE AUTHORITY IS HEREBY AUTHORIZED
TO ISSUE A REQUEST FOR PROPOSALS WITHIN NINETY  DAYS  OF  THE  EFFECTIVE
DATE OF THIS SUBDIVISION FOR A QUALIFIED ACCOUNTING AND AUDITING FIRM TO
PERFORM THIS WORK.
  C.  EACH  ENTITY  WHO  RECEIVED  A POWER ALLOCATION OR CASH PAYMENT IS
HEREBY DIRECTED TO COOPERATE FULLY WITH THE AUDIT REQUIRED  HEREIN,  AND
TO  PROVIDE  DOCUMENTS OR OTHER EXHIBITS IN A TIMELY MANNER, AND TO MAKE
WITNESSES READILY AVAILABLE WHO ARE  CAPABLE  OF  PROVIDING  INFORMATION
ABOUT  THE  USE  OF  THE  AUTHORITY'S ASSETS PURSUANT TO THE RELICENSING
AGREEMENT AND TO COMPLY WITH  OTHER  REQUESTS  AND  REQUIREMENTS  DEEMED
APPROPRIATE BY THE AUTHORITY OR ITS DESIGNEE.
  D.  SUCH  AUDIT SHALL INCLUDE BUT SHALL NOT BE LIMITED TO, AN EXAMINA-
TION AND REPORT ON  EACH  TRANSACTION  INVOLVING  RELICENSING  POWER  OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10691-02-3

S. 4948                             2

MONEY,  INCLUDING IDENTIFYING THE BENEFICIARIES OF SUCH BENEFITS, SPECI-
FYING ANY AND ALL CASH PAYMENTS OR POWER ALLOCATIONS  AND  A  REVIEW  OF
EACH  TRANSACTION TO DETERMINE WHETHER ANY JOBS WERE CREATED OR RETAINED
AS  A  RESULT  OF  THE  ALLOCATIONS  IN  QUESTION  OR IF ANY BENEFIT WAS
PROVIDED TO THE COMMUNITY AS A WHOLE.
  E. THE AUTHORITY SHALL ISSUE A REPORT ON THE RESULTS OF THE  AUDIT  BY
MARCH  FIRST,  TWO  THOUSAND  FOURTEEN, AND SHALL TRANSMIT A COPY OF THE
FULL AUDIT DOCUMENT TO THE GOVERNOR,  THE  TEMPORARY  PRESIDENT  OF  THE
SENATE, THE CHAIRS OF THE SENATE ENERGY AND TELECOMMUNICATIONS COMMITTEE
AND  THE  ASSEMBLY  ENERGY  COMMITTEE AND THE CHIEF EXECUTIVE OFFICER OR
RESPONSIBLE PARTY FOR EACH RELICENSING BENEFICIARY WHO IS A  SUBJECT  OF
SAID AUDIT.
  S 2. This act shall take effect immediately.

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