Assembly Bill A11166

2009-2010 Legislative Session

Clarifies the regulatory authority of the New York Power Authority

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Sponsored By

Archive: Last Bill Status - In Assembly 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

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Bill Amendments

co-Sponsors

2009-A11166 - Details

Current Committee:
Assembly Ways And Means
Law Section:
Public Authorities Law
Laws Affected:
Amd §1014 Pub Auth L; amd §364, Gen Muni L
Versions Introduced in Other Legislative Sessions:
2011-2012: A5862
2013-2014: A6251

2009-A11166 - Summary

Provides that the New York power authority shall have jurisdiction over any municipality that owns and operates an electric distribution system and distributes any power from the authority.

2009-A11166 - Sponsor Memo

2009-A11166 - Bill Text download pdf 

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

                                  11166

                          I N  A S S E M B L Y

                              May 21, 2010
                               ___________

Introduced by M. of A. BRODSKY, RUSSELL, MAGEE -- read once and referred
  to the Committee on Corporations, Authorities and Commissions

AN  ACT  to  amend  the public authorities law and the general municipal
  law, in relation to clarifying the regulatory  authority  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 1014 of the public authorities law, as  amended  by
chapter 446 of the laws of 1972, is amended to read as follows:
  S  1014.  Public service law not applicable to authority; inconsistent
provisions in other acts superseded. The rates, services  and  practices
relating to the generation, transmission, distribution and sale OF POWER
by the authority[, of power to be generated from the projects authorized
by  this  title]  shall  not  be subject to the provisions of the public
service law nor to regulation by, nor the jurisdiction of the department
of public service. IN PARTICULAR, THE AUTHORITY, AND NOT THE  DEPARTMENT
OF  PUBLIC SERVICE, WILL HAVE REGULATORY AUTHORITY AND JURISDICTION OVER
ANY MUNICIPALITY THAT OWNS AND OPERATES AN ELECTRIC DISTRIBUTION  SYSTEM
AND  DISTRIBUTES  ANY POWER FROM THE AUTHORITY, EXCEPT FOR THOSE MUNICI-
PALITIES THAT SELF GENERATE POWER FOR DISTRIBUTION PURPOSES.  Except  to
the extent article seven of the public service law applies to the siting
and operation of a major utility transmission facility as defined there-
in, and except to the extent section eighteen-a of such law provides for
assessment  of  the  authority  for  certain costs relating thereto, the
provisions of the public service law and of  the  conservation  law  and
every  other  law  relating  to  the department of public service or the
public service commission or to the conservation department  or  to  the
functions,  powers or duties assigned to the division of water power and
control by chapter six hundred nineteen, of the laws of nineteen hundred
twenty-six, shall so far as is necessary to make this title effective in
accordance with its terms and purposes be deemed to be  superseded,  and
wherever  any  provision  of  law  shall  be  found in conflict with the
provisions of this title or inconsistent with the purposes  thereof,  it

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD17433-01-0

co-Sponsors

2009-A11166A - Details

Current Committee:
Assembly Ways And Means
Law Section:
Public Authorities Law
Laws Affected:
Amd §1014 Pub Auth L; amd §364, Gen Muni L
Versions Introduced in Other Legislative Sessions:
2011-2012: A5862
2013-2014: A6251

2009-A11166A - Summary

Provides that the New York power authority shall have jurisdiction over any municipality that owns and operates an electric distribution system and distributes any power from the authority.

2009-A11166A - Bill Text download pdf 

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

                                11166--A

                          I N  A S S E M B L Y

                              May 21, 2010
                               ___________

Introduced by M. of A. BRODSKY, RUSSELL, MAGEE -- read once and referred
  to  the  Committee  on  Corporations,  Authorities  and Commissions --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend  the public authorities law and the general municipal
  law, in relation to clarifying the regulatory  authority  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 1014 of the public authorities law, as  amended  by
chapter 446 of the laws of 1972, is amended to read as follows:
  S  1014.  Public service law not applicable to authority; inconsistent
provisions in other acts superseded. The rates, services  and  practices
relating to the generation, transmission, distribution and sale OF POWER
by the authority[, of power to be generated from the projects authorized
by  this  title]  shall  not  be subject to the provisions of the public
service law nor to regulation by, nor the jurisdiction of the department
of public service.  IN PARTICULAR, THE AUTHORITY, AND NOT THE DEPARTMENT
OF PUBLIC SERVICE, WILL HAVE REGULATORY AUTHORITY AND JURISDICTION  OVER
ANY  MUNICIPALITY THAT OWNS AND OPERATES AN ELECTRIC DISTRIBUTION SYSTEM
AND DISTRIBUTES ANY POWER FROM THE AUTHORITY, EXCEPT FOR (1) THOSE MUNI-
CIPALITIES THAT SELF GENERATE POWER FOR DISTRIBUTION PURPOSES; (2) POWER
AUTHORITIES THAT ARE ESTABLISHED BY THE LEGISLATURE AFTER MAY TWENTIETH,
TWO THOUSAND TEN; AND (3) MUNICIPAL CORPORATIONS  THAT  ARE  ESTABLISHED
PURSUANT  TO  SECTION  THREE  HUNDRED SIXTY OF THE GENERAL MUNICIPAL LAW
AFTER MAY TWENTIETH, TWO THOUSAND TEN.  Except  to  the  extent  article
seven of the public service law applies to the siting and operation of a
major  utility  transmission  facility as defined therein, and except to
the extent section eighteen-a of such law provides for assessment of the
authority for certain costs relating  thereto,  the  provisions  of  the
public  service  law and of the ENVIRONMENTAL conservation law and every
other law relating to the department of public  service  or  the  public
service  commission  or  to  the conservation department or to the func-
tions, powers or duties assigned to the  division  of  water  power  and

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

co-Sponsors

2009-A11166B (ACTIVE) - Details

Current Committee:
Assembly Ways And Means
Law Section:
Public Authorities Law
Laws Affected:
Amd §1014 Pub Auth L; amd §364, Gen Muni L
Versions Introduced in Other Legislative Sessions:
2011-2012: A5862
2013-2014: A6251

2009-A11166B (ACTIVE) - Summary

Provides that the New York power authority shall have jurisdiction over any municipality that owns and operates an electric distribution system and distributes any power from the authority.

2009-A11166B (ACTIVE) - Bill Text download pdf 

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

                                11166--B

                          I N  A S S E M B L Y

                              May 21, 2010
                               ___________

Introduced by M. of A. BRODSKY, RUSSELL, MAGEE -- read once and referred
  to  the  Committee  on  Corporations,  Authorities  and Commissions --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to  said  committee -- again reported from said committee
  with amendments, ordered reprinted as amended and recommitted to  said
  committee

AN  ACT  to  amend  the public authorities law and the general municipal
  law, in relation to clarifying the regulatory  authority  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 1014 of the public authorities law, as  amended  by
chapter 446 of the laws of 1972, is amended to read as follows:
  S  1014.  Public service law not applicable to authority; inconsistent
provisions in other acts superseded. The rates, services  and  practices
relating to the generation, transmission, distribution and sale OF POWER
by the authority[, of power to be generated from the projects authorized
by  this  title]  shall  not  be subject to the provisions of the public
service law nor to regulation by, nor the jurisdiction of the department
of public service.  IN PARTICULAR, THE AUTHORITY, AND NOT THE DEPARTMENT
OF PUBLIC SERVICE, WILL HAVE REGULATORY AUTHORITY AND JURISDICTION  OVER
ANY  MUNICIPAL  CORPORATION AS DEFINED IN SECTION THREE HUNDRED SIXTY OF
THE GENERAL MUNICIPAL LAW THAT OWNS AND OPERATES  AN  ELECTRIC  DISTRIB-
UTION  SYSTEM  AND  DISTRIBUTES ANY POWER FROM THE AUTHORITY, EXCEPT FOR
(1) MUNICIPAL CORPORATIONS THAT SELF  GENERATE  POWER  FOR  DISTRIBUTION
PURPOSES;  (2) POWER AUTHORITIES THAT ARE ESTABLISHED BY THE LEGISLATURE
AFTER MAY TWENTIETH, TWO THOUSAND TEN; AND  (3)  MUNICIPAL  CORPORATIONS
THAT  ARE  ESTABLISHED  PURSUANT  TO  SECTION THREE HUNDRED SIXTY OF THE
GENERAL MUNICIPAL LAW AFTER MAY TWENTIETH, TWO THOUSAND TEN.  Except  to
the extent article seven of the public service law applies to the siting
and operation of a major utility transmission facility as defined there-
in, and except to the extent section eighteen-a of such law provides for
assessment  of  the  authority  for  certain costs relating thereto, the
provisions of the public service law and of the ENVIRONMENTAL  conserva-

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

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