senate Bill S5536C

Relates to the expansion of natural gas service in this state

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Bill Status


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

  • 16 / May / 2013
    • REFERRED TO ENERGY AND TELECOMMUNICATIONS
  • 23 / May / 2013
    • AMEND (T) AND RECOMMIT TO ENERGY AND TELECOMMUNICATIONS
  • 23 / May / 2013
    • PRINT NUMBER 5536A
  • 04 / Jun / 2013
    • REPORTED AND COMMITTED TO RULES
  • 04 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1037
  • 10 / Jun / 2013
    • PASSED SENATE
  • 10 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 10 / Jun / 2013
    • REFERRED TO ENERGY
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO ENERGY AND TELECOMMUNICATIONS
  • 09 / Jan / 2014
    • AMEND AND RECOMMIT TO ENERGY AND TELECOMMUNICATIONS
  • 09 / Jan / 2014
    • PRINT NUMBER 5536B
  • 14 / Jan / 2014
    • AMEND AND RECOMMIT TO ENERGY AND TELECOMMUNICATIONS
  • 14 / Jan / 2014
    • PRINT NUMBER 5536C
  • 10 / Feb / 2014
    • REPORTED AND COMMITTED TO FINANCE
  • 02 / Jun / 2014
    • 1ST REPORT CAL.1077
  • 03 / Jun / 2014
    • 2ND REPORT CAL.
  • 09 / Jun / 2014
    • ADVANCED TO THIRD READING
  • 20 / Jun / 2014
    • COMMITTED TO RULES

Summary

Enacts provisions to provide for and assist in the expansion of natural gas service in this state for environmental and economic benefit.

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Bill Details

Versions:
S5536
S5536A
S5536B
S5536C
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
Law Section:
Public Service Law
Laws Affected:
Add §§27 & 18-d, Pub Serv L; add §143, Pub Bldg L; add §§485-r & 485-q, RPT L; amd §§1001 & 1010, add §1005-b, Pub Auth L

Votes

10
0
10
Aye
0
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Energy and Telecommunications committee vote details

Sponsor Memo

BILL NUMBER:S5536C

TITLE OF BILL: An act to amend the public service law, the public
buildings law, the real property tax law and the public authorities
law, in relation to expansion of natural gas service

PURPOSE OR GENERAL IDEA OF BILL:

To provide incentives aimed at encouraging the extension of existing
gas lines to unserved and under-served areas.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Legislative intent.

Section 2. This section requires the PSC to facilitate contacts with
state agencies and local governments with respect to review of permit
applications on expansion of natural gas lines.

Section 3. This section requires that 250 of the revenue generated by
the SBC surcharge to be allocated for the purpose of natural gas line
extensions.

Section 4. This section mandates that OGS undertake a study on
conversion to natural gas heating when a public building is subject to
a capital project which requires installation or replacement of a
boiler for heating. The study must also consider benefits to the
community from an extension of pipeline.

Section 5. This section provides a real property tax exemption at
local option to the extent of the increase in the assessed value
attributable to the construction of natural gas distribution
facilities. The length and percentage of the exemption is determined
by local law or resolution.

Section 6. This section creates a real property tax exemption in New
York City at local option for the construction of natural gas
facilities.

Sections 7, 6 and 9 amend the public authorities law with regard to
the New York Power Authority.

Section 10 is the effective date.

JUSTIFICATION:

There are currently 555,000 households that lie within 100 feet or an
existing gas distribution line, and 500,000 homes that exist beyond a
100 feet of e line but within an existing natural gas utility
franchise- Many small businesses and other commercial operations are
in similar circumstances.

Natural gas prices are at an all time low, and access to natural gas
can save customers significant amounts annually. In addition, the
environmental benefits of natural gas are well documented, including
significant reductions in sulfur dioxide, nitrogen dioxide,
particulate matter and carbon dioxide.


Natural gas access is a strong tool for job creation, since the
reduced costs inherent to using gas to heat a building are a strong
incentive for a business to locate in an area that has that service.

This bill provides new incentives to facilitate extension of natural
gas lines to spur economic development, create jobs, and lower costs.
This policy is good for consumers, good for business and good for the
environment.

LEGISLATIVE HISTORY:

This is a 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
________________________________________________________________________

                                 5536--C

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by Sens. MAZIARZ, BALL, DeFRANCISCO, GRISANTI, LARKIN, PARK-
  ER, RITCHIE, SAMPSON -- read  twice  and  ordered  printed,  and  when
  printed  to  be  committed to the Committee on Energy and Telecommuni-
  cations -- committee discharged, bill amended,  ordered  reprinted  as
  amended  and  recommitted  to  said  committee  --  recommitted to the
  Committee on Energy and Telecommunications in accordance  with  Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said  committee  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend the public service law, the public buildings law, the
  real property tax law and the public authorities law, in  relation  to
  expansion of natural gas service

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

  Section 1.  Legislative  intent.  The  legislature  hereby  finds  and
declares that the extension of natural gas distribution lines within the
state  has  multiple  benefits  to New Yorkers, including a reduction in
emissions with the resultant health benefits, increased economic  activ-
ity  with  the  creation of jobs through improved energy infrastructure,
energy cost savings to consumers, and improved energy efficiency.
  Natural gas is the cleanest burning fossil fuel.  It  has  a  positive
impact  on  the  environment by cutting emissions of particulate matter.
These emissions have been  linked  to  heart  and  lung  conditions  and
contribute to asthma rates, particularly in urban areas.
  Natural  gas  prices  are  at a low point and will result in increased
disposable income for consumers and improved operational efficiency  for
business.  Extending  the  state's natural gas distribution line infras-
tructure will create a positive business environment  for  manufacturers
and  other  businesses that are looking to stabilize their energy costs.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11148-07-4

S. 5536--C                          2

Natural gas distribution line extensions will spur economic  development
in the business sector and create jobs.
  This  legislation  will  have  the  effect  of  protecting the state's
natural resources, including protecting its  atmosphere,  while  at  the
same time stimulating the development of new jobs and the economy.
  S  2.  The public service law is amended by adding a new section 27 to
read as follows:
  S 27. EXPANSION PERMIT APPLICATIONS. ANY GAS CORPORATION  OR  COMBINA-
TION  GAS  AND  ELECTRIC  CORPORATION APPLYING FOR PERMITS IN CONNECTION
WITH THE EXPANSION OF  NATURAL  GAS  DISTRIBUTION  SERVICE  THROUGH  THE
EXTENSION OF EXISTING NATURAL GAS DISTRIBUTION LINES MAY CONFER WITH THE
COMMISSION  TO  OBTAIN  ASSISTANCE  IN  FACILITATING CONTACTS WITH STATE
AGENCIES AND LOCAL  GOVERNMENTS  FOR  PROCESSING  AND  REVIEWING  PERMIT
APPLICATIONS  TO  ACHIEVE THE PROMPT AND EFFICIENT PROCESSING AND REVIEW
OF APPLICATIONS. THE COMMISSION MAY ACT AS LEAD AGENCY PURSUANT TO ARTI-
CLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW, IN CONNECTION WITH SUCH
PERMIT APPLICATION BY A GAS CORPORATION OR COMBINATION GAS AND  ELECTRIC
CORPORATION FRANCHISED UNDER THIS CHAPTER.  THE DEPARTMENTS OF TRANSPOR-
TATION  AND  ENVIRONMENTAL  CONSERVATION  SHALL,  TO  THE MAXIMUM EXTENT
FEASIBLE,  ESTABLISH  PROCEDURES  TO  EXPEDITE  PERMIT  APPLICATIONS  IN
CONNECTION  WITH  THE  EXPANSION  OF  NATURAL  GAS  DISTRIBUTION SERVICE
THROUGH THE EXTENSION OF EXISTING NATURAL GAS DISTRIBUTION LINES.
  S 3. The public service law is amended by adding a new section 18-d to
read as follows:
  S 18-D. SURCHARGES. NOTWITHSTANDING ANY LAW, RULE, REGULATION OR ORDER
TO THE CONTRARY, THE COMMISSION SHALL, COMMENCING APRIL FIRST, TWO THOU-
SAND FIFTEEN, DEDICATE NO LESS THAN TWENTY-FIVE PERCENT OF  THE  AMOUNTS
OF  THE  SURCHARGE FOR THE SYSTEM BENEFIT CHARGE COLLECTED BY GAS CORPO-
RATIONS AND COMBINATION GAS AND ELECTRIC  CORPORATIONS  FROM  THEIR  GAS
HEATING CUSTOMERS TO THE EXTENSION AND EXPANSION OF NATURAL GAS DISTRIB-
UTION  FACILITIES.  THE  COMMISSION SHALL BE AUTHORIZED TO INCREASE SUCH
AMOUNTS TO MORE THAN TWENTY-FIVE PERCENT AFTER A PROCEEDING TO  CONSIDER
SUCH  ACTION.    THE  COMMISSION SHALL ALLOCATE SUCH FUNDS TO GAS CORPO-
RATIONS AND COMBINATION GAS AND ELECTRIC CORPORATIONS THROUGH  A  STAKE-
HOLDER  PROCESS  ESTABLISHED BY THE COMMISSION. SUCH STAKEHOLDER PROCESS
SHALL ESTABLISH RULES AND PROCEDURES FOR ALLOCATIONS  PURSUANT  TO  THIS
SECTION CONSISTENT WITH THE PUBLIC POLICY GOALS OF THE STATE.
  S  4.  The public buildings law is amended by adding a new section 143
to read as follows:
  S 143. CLEAN NATURAL  GAS  HEAT  IN  PUBLIC  BUILDINGS.  EACH  CAPITAL
PROJECT FOR A PUBLIC BUILDING THAT INCLUDES THE INSTALLATION OR REPLACE-
MENT  OF  A BOILER FOR HEATING SHALL REQUIRE THE COMMISSIONER OF GENERAL
SERVICES TO UNDERTAKE A STUDY OF ENERGY EFFICIENCY, ENVIRONMENTAL  EFFI-
CACY  AND  COST  OF USING NATURAL GAS HEATING. SUCH STUDY SHALL CONSIDER
THE BENEFITS TO SURROUNDING COMMUNITIES IN THE EVENT THAT IT  IS  NECES-
SARY TO EXTEND A MAIN NATURAL GAS DISTRIBUTION PIPELINE IN EXCESS OF ONE
HUNDRED FEET TO OBTAIN SUCH SERVICES.
  S  5.  The  real  property  tax law is amended by adding a new section
485-r to read as follows:
  S 485-R.  EXTENSION AND EXPANSION OF NATURAL GAS  SUPPLY  THROUGH  THE
CONSTRUCTION OF NATURAL GAS DISTRIBUTION FACILITIES. 1. DEFINITIONS. (A)
FOR  PURPOSES  OF  THIS  SECTION,  "NATURAL GAS DISTRIBUTION FACILITIES"
SHALL MEAN ANY  MAIN  LINE,  SERVICE  LINE  AND  APPURTENANT  FACILITIES
CONSTRUCTED TO EXTEND EXISTING NATURAL GAS DISTRIBUTION LINE INFRASTRUC-
TURE  TO  NEW  CUSTOMERS  OF  A GAS CORPORATION OR A COMBINATION GAS AND
ELECTRIC CORPORATION WITH THEIR CONSENT.

S. 5536--C                          3

  2. AFTER A PUBLIC HEARING, THE GOVERNING BODY OF A COUNTY, CITY,  TOWN
OR  VILLAGE  MAY  ADOPT  A LOCAL LAW AND A SCHOOL DISTRICT, OTHER THAN A
SCHOOL DISTRICT SUBJECT TO ARTICLE FIFTY-TWO OF THE EDUCATION  LAW,  MAY
ADOPT  A LOCAL LAW OR RESOLUTION TO GRANT AN EXEMPTION AUTHORIZED PURSU-
ANT  TO  THIS  SECTION.  A COPY OF SUCH LOCAL LAW OR RESOLUTION SHALL BE
FILED WITH THE COMMISSIONER AND THE TAX ASSESSOR OF SUCH  COUNTY,  CITY,
TOWN  OR  VILLAGE WHO PREPARES THE ASSESSMENT ROLL ON WHICH THE TAXES OF
SUCH COUNTY, CITY, TOWN, VILLAGE OR SCHOOL DISTRICT ARE LEVIED.
  3. SUCH NATURAL GAS DISTRIBUTION FACILITIES SHALL  BE  EXEMPT  TO  THE
EXTENT OF THE INCREASE IN THE ASSESSED VALUE THEREOF ATTRIBUTABLE TO THE
CONSTRUCTION  OF SUCH NATURAL GAS DISTRIBUTION FACILITIES. THE LENGTH OF
SUCH EXEMPTION AND THE PERCENTAGE  OF  ASSESSED  VALUATION  EXEMPT  FROM
TAXATION  SHALL  BE SET FORTH IN SUCH LOCAL LAW OR RESOLUTION, BUT IN NO
EVENT SHALL IT EXCEED TEN YEARS.
  4. SUCH EXEMPTION SHALL BE GRANTED ONLY  UPON  APPLICATION  BY  A  GAS
CORPORATION  OR  COMBINATION  GAS AND ELECTRIC CORPORATION WITH APPROVAL
FROM THE PUBLIC SERVICE CORPORATION FOR CONSTRUCTION OF SUCH NATURAL GAS
DISTRIBUTION FACILITIES.
  S 6. The real property tax law is amended  by  adding  a  new  section
485-q to read as follows:
  S  485-Q.  EXTENSION AND EXPANSION OF NATURAL GAS DISTRIBUTION FACILI-
TIES. 1. DEFINITIONS. (A) FOR PURPOSES OF  THIS  SECTION,  "NATURAL  GAS
DISTRIBUTION  FACILITIES"  SHALL  MEAN  ANY  MAIN LINE, SERVICE LINE AND
APPURTENANT  FACILITIES  CONSTRUCTED  TO  EXTEND  EXISTING  NATURAL  GAS
DISTRIBUTION  LINE  INFRASTRUCTURE TO NEW CUSTOMERS OF A GAS CORPORATION
OR A COMBINATION GAS AND ELECTRIC CORPORATION WITH THEIR CONSENT.
  2. (A) WITHIN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, AFTER
A PUBLIC HEARING, THE GOVERNING BODY OF SUCH A CITY MAY  ADOPT  A  LOCAL
LAW  OR  RESOLUTION  TO  GRANT  AN EXEMPTION AUTHORIZED PURSUANT TO THIS
SECTION. A COPY OF SUCH LOCAL LAW OR RESOLUTION SHALL BE FILED WITH  THE
COMMISSIONER  AND THE TAX ASSESSOR OF SUCH CITY WHO PREPARES THE ASSESS-
MENT ROLL ON WHICH THE TAXES OF SUCH CITY ARE LEVIED.
  (B) SUCH NATURAL GAS DISTRIBUTION FACILITIES SHALL BE  EXEMPT  TO  THE
EXTENT OF THE INCREASE IN THE ASSESSED VALUE THEREOF ATTRIBUTABLE TO THE
CONSTRUCTION  OF SUCH NATURAL GAS DISTRIBUTION FACILITIES. THE LENGTH OF
SUCH EXEMPTION AND THE PERCENTAGE  OF  ASSESSED  VALUATION  EXEMPT  FROM
TAXATION  SHALL  BE SET FORTH IN SUCH LOCAL LAW OR RESOLUTION, BUT IN NO
EVENT SHALL IT EXCEED TEN YEARS.
  3. CONSTRUCTION OF NATURAL GAS DISTRIBUTION FACILITIES SHALL BE DEEMED
TO HAVE COMMENCED WHEN THE AGENCY  OR  DEPARTMENT  OF  THE  CITY  HAVING
JURISDICTION HAS ISSUED A PERMIT FOR CONSTRUCTION WORK AND SUCH WORK HAS
BEGUN IN GOOD FAITH IN ACCORDANCE WITH SUCH PERMIT.
  4.  APPLICATION  FOR  EXEMPTION UNDER THIS SECTION SHALL BE FILED WITH
THE ASSESSORS BETWEEN FEBRUARY FIRST AND MARCH FIFTEENTH OF THE CALENDAR
YEAR  AND  BASED  ON  APPROVAL  BY  THE  PUBLIC  SERVICE  COMMISSION  OF
CONSTRUCTION  OF SUCH NATURAL GAS DISTRIBUTION FACILITIES, THE ASSESSORS
SHALL CERTIFY TO THE COLLECTING OFFICER THE AMOUNT OF THE EXEMPTION FROM
LOCAL AND MUNICIPAL TAXES. NO SUCH APPLICATION SHALL BE ACCEPTED BY  THE
ASSESSORS  UNLESS  ACCOMPANIED  BY  AN  APPROVAL FROM THE PUBLIC SERVICE
COMMISSION.
  5. SUCH EXEMPTION SHALL BE GRANTED ONLY  UPON  APPLICATION  BY  A  GAS
CORPORATION  OR  COMBINATION  GAS AND ELECTRIC CORPORATION WITH APPROVAL
FROM THE PUBLIC SERVICE CORPORATION FOR CONSTRUCTION OF SUCH NATURAL GAS
DISTRIBUTION FACILITIES.
  S 7. Section 1001 of the public authorities law is amended by adding a
new undesignated paragraph to read as follows:

S. 5536--C                          4

  IT IS FURTHER DECLARED THAT THERE ARE  SIGNIFICANT  ECONOMIC  BENEFITS
FROM  THE  EXTENSION OF NATURAL GAS DISTRIBUTION LINE INFRASTRUCTURE.  A
CRITICAL ELEMENT OF NATURAL GAS  DISTRIBUTION  LINE  EXTENSIONS  IS  THE
FINANCING  OF THE CONSTRUCTION AND INVESTMENT NECESSARY FOR SUCH NATURAL
GAS  DISTRIBUTION  LINE  EXTENSIONS. THE AUTHORITY IS AUTHORIZED TO MAKE
LOANS TO GAS CORPORATIONS AND COMBINED GAS AND ELECTRIC CORPORATIONS  TO
EFFECTUATE  THE  EXTENSION  OF  EXISTING  NATURAL  GAS DISTRIBUTION LINE
INFRASTRUCTURE WHICH IS APPROVED BY THE PUBLIC SERVICE COMMISSION.
  S 8. The public authorities law is amended by  adding  a  new  section
1005-b to read as follows:
  S  1005-B.  ADDITIONAL SPECIAL POWERS OF THE AUTHORITY WITH RESPECT TO
THE EXTENSION OF NATURAL GAS DISTRIBUTION LINE INFRASTRUCTURE.  IN ORDER
TO EFFECTUATE THE PURPOSES OF THIS TITLE, THE AUTHORITY SHALL  HAVE  THE
FOLLOWING  ADDITIONAL SPECIAL POWERS: TO EXTEND CREDIT AND MAKE LOANS TO
A GAS CORPORATION OR A COMBINED GAS AND ELECTRIC CORPORATION  FRANCHISED
BY  THE  PUBLIC  SERVICE  COMMISSION  IN  CONNECTION  WITH A NATURAL GAS
DISTRIBUTION LINE EXTENSION  PROJECT  APPROVED  BY  THE  PUBLIC  SERVICE
COMMISSION  FOR  COSTS  INCURRED  WITH  SUCH  PROJECTS COMPLETED OR NOT,
COMPLETED AT THE TIME OF SUCH CREDIT OR LOAN,  WHICH  CREDITS  OR  LOANS
MAY,  BUT  NEED  NOT BE SECURED BY MORTGAGES, CONTRACTS OR OTHER INSTRU-
MENTS, UPON SUCH TERMS  AND  CONDITIONS  AS  THE  CORPORATION  MAY  DEEM
REASONABLE  IN CONNECTION WITH SUCH CREDITS OR LOANS. IN THE EXERCISE OF
POWERS GRANTED IN THIS SECTION IN CONNECTION WITH A NATURAL GAS DISTRIB-
UTION LINE EXTENSION PROJECT APPROVED BY THE PUBLIC  SERVICE  COMMISSION
FOR  A  GAS  CORPORATION  OR A COMBINED GAS AND ELECTRIC CORPORATION, TO
REQUIRE THE INCLUSION IN ANY CONTRACT, LOAN AGREEMENT OR  OTHER  INSTRU-
MENT,  OF  SUCH  PROVISIONS  FOR  THE FINANCING OF SUCH PROJECT AND SUCH
OTHER FINANCIAL AND OTHER COVENANTS APPLYING TO SUCH GAS CORPORATIONS OR
A COMBINED GAS AND ELECTRIC CORPORATION, AS  THE  CORPORATION  MAY  DEEM
NECESSARY  OR  DESIRABLE AND TO DO ALL THINGS AND TO EXECUTE ALL INSTRU-
MENTS NECESSARY AND DESIRABLE IN  CONNECTION  THEREWITH.  IN  CONNECTION
WITH THE EXTENSION OF ANY SUCH CREDIT OR LOAN, THE AUTHORITY MAY FIX AND
COLLECT  SUCH  FEES AND CHARGES, INCLUDING BUT NOT LIMITED TO REIMBURSE-
MENT OF ALL COSTS OF FINANCING BY THE CORPORATION AS  SHALL  BE  REASON-
ABLE.  IN  CONNECTION  WITH SUCH EXTENSION OF CREDIT OR LOAN AS PROVIDED
FOR HEREIN SUCH GAS CORPORATION OR A COMBINED GAS  AND  ELECTRIC  CORPO-
RATION SHALL SUBMIT TO THE AUTHORITY AN APPLICATION FOR THE EXTENSION OF
CREDIT  OR  LOAN AS SET FORTH IN THE APPLICATION. THE AUTHORITY MAY DENY
ANY SUCH APPLICATION FOR ANY REASON IT DEEMS IN THE PUBLIC INTEREST. THE
EXTENSION OF ANY SUCH CREDIT OR LOAN  IS  SUBJECT  TO  APPROVAL  BY  THE
PUBLIC  SERVICE  COMMISSION  OF THE PROJECT OR PROJECTS FOR SUCH NATURAL
GAS DISTRIBUTION LINE EXTENSION.
  S 9. Subdivision 1 of section 1010 of the public authorities  law,  as
amended  by  chapter  972  of  the  laws  of 1969, is amended to read as
follows:
  1. The authority shall have power and is hereby authorized  from  time
to  time  to  issue  its  negotiable bonds in conformity with applicable
provisions of the uniform commercial code for the purpose  of  financing
any  project  authorized by this title, including the acquisition of any
real or personal property or facilities deemed necessary by the authori-
ty, AND FOR THE MAKING OF LOANS TO A GAS CORPORATION  OR  A  COMBINATION
GAS AND ELECTRIC CORPORATION FRANCHISED BY THE PUBLIC SERVICE COMMISSION
FOR THE PURPOSES OF SECTION ONE THOUSAND FIVE-B OF THIS TITLE.
  S 10. This act shall take effect immediately.

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