senate Bill S4948A

Signed by Governor

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

download pdf

Sponsor

Co-Sponsors

Bill Status


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

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.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A7522A
Versions:
S4948
S4948A
Legislative Cycle:
2013-2014
Law Section:
Public Authorities Law
Laws Affected:
Amd ยง1005, Pub Auth L

Sponsor Memo

BILL NUMBER:S4948A

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 relicensihg 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--A
    Cal. No. 703

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 1, 2013
                               ___________

Introduced  by Sens. MAZIARZ, SAMPSON -- read twice and ordered printed,
  and when printed to be committed to the Committee on Energy and  Tele-
  communications  --  reported favorably from said committee, ordered to
  first and second report, ordered  to  a  third  reading,  amended  and
  ordered reprinted, retaining its place in the order of third reading

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10691-03-3

S. 4948--A                          2

  D.  SUCH  AUDIT SHALL INCLUDE BUT SHALL NOT BE LIMITED TO, AN EXAMINA-
TION AND REPORT ON  EACH  TRANSACTION  INVOLVING  RELICENSING  POWER  OR
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
JUNE FIRST, TWO THOUSAND FOURTEEN, AND SHALL POST A COPY OF THE AUDIT ON
THE AUTHORITY'S WEBSITE AND 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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.