Assembly Bill A9233

2009-2010 Legislative Session

Makes technical corrections to a chapter of the laws of 2010 relating to powers of the North Country power authority; repealer

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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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 25, 2010	print number 9233b
Jan 25, 2010	amend and recommit to corporations, authorities and commissions
Jan 06, 2010	referred to corporations, authorities and commissions
Nov 19, 2009	print number 9233a
Nov 19, 2009	amend and recommit to corporations, authorities and commissions
Nov 09, 2009	referred to corporations, authorities and commissions

Bill Amendments

Original

B (Active)

2009-A9233 - Details

Current Committee:: Assembly Corporations, Authorities And Commissions
Law Section:: Public Authorities Law
Laws Affected:: Rpld & add §1021-d sub 7, amd §1021-e, Pub Auth L, Chap of 2010 (as proposed in S.2813-A and A.6694-B)

2009-A9233 - Summary

Makes technical corrections to a chapter of the laws of 2010 relating to powers of the North Country power authority.

2009-A9233 - Sponsor Memo

                                BILL NUMBER:A9233

TITLE OF BILL:  An act to amend the public authorities law, in
relation to powers of the North Country power authority and repealing
subdivision 7 of section 1021-d of such law relating thereto

PURPOSE OF BILL:  To create a public benefit corporation, a political
subdivision of the state, to provide electric power services to
designated municipalities in 51. Lawrence and Franklin Counties.

SUMMARY OF PROVISIONS:  Establishes the North Country Power Authority
to provide electric power services to designated municipalities in St.
Lawrence and Franklin Counties, to be governed by a board of directors
with overlapping terms, with enumerated powers to acquire, own,
operate and finance facilities to provide electric power services, to
issue bonds of up to 50 years and notes and other debt obligations of
up to 5 years, which securities are to be general obligations of the
authority without any state or municipal liability, permitting sale of
surplus power and establishment of subsidiaries, subjecting the
authority to conflict of interest prohibitions, deposit and investment
controls, annual auditing and reporting to state and local officials
and the public, and mandating periodic legislative reviews starting in
2050 and discretionary termination through statute after each such
review subject to terms of the authority's securities, together with
attendant provisions for implementing and conducting its financing and
operating responsibilities.

JUSTIFICATION:  Enabling legislation is essential to establish a
public power utility to finance and operate a municipal electric
system serving a group of 24 municipalities in St. Lawrence and
Franklin Counties, all of which have endorsed the creation of the
authority and the proposed legislation. These counties in the North
Country constitute an area where economic growth has been lagging for
years and one that faces very high rates for electric services to
residential and commercial consumers. The affected municipalities are
committed to securing lower electricity rates, greater service
reliability, local public control and future emphasis on energy.
conservation and sustainability through this new public power utility,
built on a model common in this country. The public authority is
necessary to provide financing, which would be stand-alone revenue
bonding without any recourse to the state or the municipalities. The
act is replete with good governance provisions, financial discipline
measures, transparency and reporting requirements, and accountability
to the governor, the legislature, the municipalities and the public to
be served.

LEGISLATIVE HISTORY:  S.8257-A - 2008

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediate.

2009-A9233 - Bill Text download pdf

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

                                  9233

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            November 9, 2009
                               ___________

Introduced  by M. of A. RUSSELL -- read once and referred to the Commit-
  tee on Corporations, Authorities and Commissions

AN ACT to amend the public authorities law, in relation to powers of the
  North Country power authority and repealing subdivision 7  of  section
  1021-d of such law relating thereto

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

  Section 1. Subdivision 7 of section 1021-d of the  public  authorities
law,  as  added  by  a  chapter  of the laws of 2009 amending the public
authorities law and the executive law relating to establishing the North
Country power  authority,  as  proposed  in  legislative  bills  numbers
S.2813-A  and  A.6694-B, is REPEALED and a new subdivision 7 is added to
read as follows:
  7. THE AUTHORITY SHALL BE SUBJECT  IN  ALL  RESPECTS  TO  THE  GENERAL
SUPERVISION  OF  THE  PUBLIC  SERVICE COMMISSION IN THE SAME MANNER AS A
MUNICIPAL ELECTRIC UTILITY IS SUBJECT TO THE JURISDICTION OF THE  PUBLIC
SERVICE COMMISSION UNDER THE PUBLIC SERVICE LAW.
  S 2. Subdivision 5 of section 1021-e of the public authorities law, as
added  by  a chapter of the laws of 2009 amending the public authorities
law and the executive law relating to  establishing  the  North  Country
power  authority,  as proposed in legislative bills numbers S.2813-A and
A.6694-B, is amended to read as follows:
  5. To acquire on behalf of and in the name of the  authority,  whether
by  agreement  with  and  purchase from the owner or owners, or by arbi-
tration, or within the service area by eminent domain, pursuant  to  the
procedures  set  forth in the eminent domain procedure law, or by lease,
the whole or any part of any existing facilities or of any other proper-
ty to be used in connection with  power  transmission,  distribution  or
generation by the authority as set out in this title; provided, however,
that  the authority shall not acquire real property of a municipality or
a political subdivision of the state unless such municipality  or  poli-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15021-01-9

A. 9233                             2

tical  subdivision  shall  consent  thereto; [and in connection with the
purchase of such properties] AND PROVIDED  FURTHER  THAT  THE  AUTHORITY
SHALL  NOT  ACQUIRE BY THE EXERCISE OF EMINENT DOMAIN ANY FACILITIES FOR
THE  TRANSMISSION  OF  ELECTRICITY  OPERATING  AT A VOLTAGE IN EXCESS OF
TWENTY-TWO THOUSAND VOLTS FROM ANY PERSON, CORPORATION  OR  ASSOCIATION,
PUBLIC  OR  PRIVATE, ENGAGED IN THE BUSINESS OF DISTRIBUTION AND SALE OF
ELECTRICITY TO ULTIMATE CUSTOMERS UNLESS  THE  AUTHORITY  IS  UNABLE  TO
ACQUIRE  BY  CONTRACT WITH THE OWNERS OR OPERATORS THEREOF, THE RIGHT TO
USE SUCH FACILITIES ON JUST, REASONABLE  AND  NON-DISCRIMINATORY  TERMS.
IN CONNECTION WITH THE PURCHASE OF ANY PROPERTIES AUTHORIZED HEREIN, the
authority  may  assume  any  obligations of the owner of such properties
and, to the extent required by the terms  of  any  indentures  or  other
instruments  under which such obligations were issued, the authority may
assume and agree to perform covenants and observe restrictions contained
in such instruments; and furthermore the owner of any properties,  which
the  authority is authorized to acquire, is hereby authorized to sell or
otherwise transfer the same to the authority.   In the exercise  of  the
power  of  eminent domain, as provided in this subdivision, the property
being acquired shall be deemed, when so determined by the authority,  to
be for a public use;
  S  3.  This act shall take effect on the same date as a chapter of the
laws of 2009 amending the public authorities law and the  executive  law
relating  to establishing the North Country power authority, as proposed
in legislative bills numbers S.2813-A and A.6694-B, takes effect.

2009-A9233A - Details

Current Committee:: Assembly Corporations, Authorities And Commissions
Law Section:: Public Authorities Law
Laws Affected:: Rpld & add §1021-d sub 7, amd §1021-e, Pub Auth L, Chap of 2010 (as proposed in S.2813-A and A.6694-B)

2009-A9233A - Summary

Makes technical corrections to a chapter of the laws of 2010 relating to powers of the North Country power authority.

2009-A9233A - Sponsor Memo

                                BILL NUMBER:A9233A

TITLE OF BILL:  An act to amend the public authorities law, in relation
to powers of the North Country power authority and repealing subdivision
7 of section 1021-d of such law relating thereto

PURPOSE OR GENERAL IDEA OF BILL: Makes technical corrections to the
"North Country Power Authority Act of 2009".

SUMMARY OF SPECIFIC PROVISIONS:  Section 1 Changes Article 5 of the
public authorities law, title 1-b, Section 1021-d(7), as defined under
5.2813a/A.6694b and substitutes the following:

"The authority shall be subject in all respects to the general super-
vision of the public service commission in the same manner as a munici-
pal electric utility is subject to the jurisdiction of the public
service commission under the public service law.-

Section 2 Changes Article 5 of the public authorities law, title 1-b,
section 1021-e(5) deleting lines 34 and 35 and substituting:

"and provided further that the authority shall not acquire by the exer-
cise of eminent domain any facilities for the transmission of electric-
ity operating at a voltage in excess of 22,000 volts from any person,
corporation or association, public or private, engaged in the business
of distribution and sale of electricity to ultimate customers unless the

authority is unable to acquire by contract with the owners or operators
thereof, the right to use such facilities on just, reasonable, and non-
discriminatory terms. In connection with the purchase of any properties
authorized herein,"

Section 3 is the enacting clause

EXISTING LAW: Makes technical changes to a chapter of the Laws of 2009,
as proposed in S.2813a/A.6694b

JUSTIFICATION:  These technical corrections emphasize the intent that
safe and adequate service be rendered at just and reasonable rates by
the authority, and focuses the entity's exercise of eminent domain on
creating a distribution network.

PRIOR LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act will take effect on the same date and in the
same manner as a Chapter of the Laws of 2009 amending the public author-
ities law and the executive law, in relation to establishing the North
Country power authority, and providing for its powers and duties as
proposed in legislative bills number 5.2813a and A.6694b takes effect.

2009-A9233A - Bill Text download pdf

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

                                 9233--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            November 9, 2009
                               ___________

Introduced  by M. of A. RUSSELL -- read once and referred to the Commit-
  tee  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, in relation to powers of the
  North  Country  power authority and repealing subdivision 7 of section
  1021-d of such law relating thereto

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

  Section  1.  Subdivision 7 of section 1021-d of the public authorities
law, as added by a chapter of the  laws  of  2009  amending  the  public
authorities law and the executive law relating to establishing the North
Country  power  authority,  as  proposed  in  legislative  bills numbers
S.2813-A and A.6694-B, is REPEALED and a new subdivision 7 is  added  to
read as follows:
  7.  THE  AUTHORITY  SHALL  BE  SUBJECT  IN ALL RESPECTS TO THE GENERAL
SUPERVISION OF THE PUBLIC SERVICE COMMISSION IN THE  SAME  MANNER  AS  A
MUNICIPAL  ELECTRIC UTILITY IS SUBJECT TO THE JURISDICTION OF THE PUBLIC
SERVICE COMMISSION UNDER THE PUBLIC SERVICE LAW.
  S 2. Subdivision 5 of section 1021-e of the public authorities law, as
added by a chapter of the laws of 2009 amending the  public  authorities
law  and  the  executive  law relating to establishing the North Country
power authority, as proposed in legislative bills numbers  S.2813-A  and
A.6694-B, is amended to read as follows:
  5.  To  acquire on behalf of and in the name of the authority, whether
by agreement with and purchase from the owner or  owners,  or  by  arbi-
tration,  or  within the service area by eminent domain, pursuant to the
procedures set forth in the eminent domain procedure law, or  by  lease,
the whole or any part of any existing facilities or of any other proper-
ty  to  be  used  in connection with power transmission, distribution or
generation by the authority as set out in this title; provided, however,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15021-04-9

A. 9233--A                          2

that the authority shall not acquire real property of a municipality  or
a  political  subdivision of the state unless such municipality or poli-
tical subdivision shall consent thereto; [and  in  connection  with  the
purchase  of  such  properties]  AND PROVIDED FURTHER THAT THE AUTHORITY
SHALL NOT ACQUIRE BY THE EXERCISE OF EMINENT DOMAIN ANY  FACILITIES  FOR
THE  TRANSMISSION  OF  ELECTRICITY  OPERATING  AT A VOLTAGE IN EXCESS OF
TWENTY-TWO THOUSAND VOLTS FROM ANY PERSON, CORPORATION  OR  ASSOCIATION,
PUBLIC  OR  PRIVATE, ENGAGED IN THE BUSINESS OF DISTRIBUTION AND SALE OF
ELECTRICITY TO ULTIMATE CUSTOMERS UNLESS  THE  AUTHORITY  IS  UNABLE  TO
ACQUIRE  BY  CONTRACT WITH THE OWNERS OR OPERATORS THEREOF, THE RIGHT TO
USE SUCH FACILITIES ON JUST, REASONABLE  AND  NON-DISCRIMINATORY  TERMS;
AND  PROVIDED  FURTHER THAT THE AUTHORITY SHALL NOT ACQUIRE BY THE EXER-
CISE OF EMINENT DOMAIN ANY FACILITIES FOR  THE  GENERATION  OF  ELECTRIC
POWER  FROM  ANY PERSON, CORPORATION, COMPANY, OR ASSOCIATION, PUBLIC OR
PRIVATE, ENGAGED IN THE GENERATION OF ELECTRIC  POWER.    IN  CONNECTION
WITH THE PURCHASE OF ANY PROPERTIES AUTHORIZED HEREIN, the authority may
assume  any  obligations  of  the  owner  of such properties and, to the
extent required by the terms of  any  indentures  or  other  instruments
under  which  such obligations were issued, the authority may assume and
agree to perform covenants and observe restrictions  contained  in  such
instruments;  and  furthermore  the  owner  of any properties, which the
authority is authorized to acquire, is  hereby  authorized  to  sell  or
otherwise  transfer  the  same to the authority.  In the exercise of the
power of eminent domain, as provided in this subdivision,  the  property
being  acquired shall be deemed, when so determined by the authority, to
be for a public use;
  S 3. This act shall take effect on the same date as a chapter  of  the
laws  of  2009 amending the public authorities law and the executive law
relating to establishing the North Country power authority, as  proposed
in legislative bills numbers S.2813-A and A.6694-B, takes effect.

2009-A9233B (ACTIVE) - Details

Current Committee:: Assembly Corporations, Authorities And Commissions
Law Section:: Public Authorities Law
Laws Affected:: Rpld & add §1021-d sub 7, amd §1021-e, Pub Auth L, Chap of 2010 (as proposed in S.2813-A and A.6694-B)

2009-A9233B (ACTIVE) - Summary

Makes technical corrections to a chapter of the laws of 2010 relating to powers of the North Country power authority.

2009-A9233B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A9233B

TITLE OF BILL:  An act to amend the public authorities law, in relation
to powers of the North Country power authority and repealing subdivision
7 of section 1021-d of such law relating thereto

PURPOSE OR GENERAL IDEA OF BILL: Makes technical corrections to the
"North Country Power Authority Act of 2009".

SUMMARY OF SPECIFIC PROVISIONS:  Section 1 Changes Article 5 of the
public authorities law, title 1-b, Section 1021-d(7), as defined under
5.2813a/A.6694b and substitutes the following:

"The authority shall be subject in all respects to the general super-
vision of the public service commission in the same manner as a munici-
pal electric utility is subject to the jurisdiction of the public
service commission under the public service law.-

Section 2 Changes Article 5 of the public authorities law, title 1-b,
section 1021-e(5) deleting lines 34 and 35 and substituting:

"and provided further that the authority shall not acquire by the exer-
cise of eminent domain any facilities for the transmission of electric-
ity operating at a voltage in excess of 22,000 volts from any person,
corporation or association, public or private, engaged in the business
of distribution and sale of electricity to ultimate customers unless the

authority is unable to acquire by contract with the owners or operators
thereof, the right to use such facilities on just, reasonable, and non-
discriminatory terms. In connection with the purchase of any properties
authorized herein,"

Section 3 is the enacting clause

EXISTING LAW: Makes technical changes to a chapter of the Laws of 2009,
as proposed in S.2813a/A.6694b

JUSTIFICATION:  These technical corrections emphasize the intent that
safe and adequate service be rendered at just and reasonable rates by
the authority, and focuses the entity's exercise of eminent domain on
creating a distribution network.

PRIOR LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act will take effect on the same date and in the
same manner as a Chapter of the Laws of 2009 amending the public author-
ities law and the executive law, in relation to establishing the North
Country power authority, and providing for its powers and duties as
proposed in legislative bills number 5.2813a and A.6694b takes effect.

2009-A9233B (ACTIVE) - Bill Text download pdf

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

                                 9233--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            November 9, 2009
                               ___________

Introduced  by M. of A. RUSSELL -- read once and referred to the Commit-
  tee  on  Corporations,  Authorities  and  Commissions   --   committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  recommitted to the Committee on Corporations,
  Authorities and Commissions in accordance with Assembly Rule 3, sec. 2
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

AN ACT to amend the public authorities law, in relation to powers of the
  North  Country  power authority and repealing subdivision 7 of section
  1021-d of such law relating thereto

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

  Section  1.  Subdivision 7 of section 1021-d of the public authorities
law, as added by a chapter of the  laws  of  2010  amending  the  public
authorities law and the executive law relating to establishing the North
Country  power  authority,  as  proposed  in  legislative  bills numbers
S.2813-A and A.6694-B, is REPEALED and a new subdivision 7 is  added  to
read as follows:
  7.  THE  AUTHORITY  SHALL  BE  SUBJECT  IN ALL RESPECTS TO THE GENERAL
SUPERVISION OF THE PUBLIC SERVICE COMMISSION IN THE  SAME  MANNER  AS  A
MUNICIPAL  ELECTRIC UTILITY IS SUBJECT TO THE JURISDICTION OF THE PUBLIC
SERVICE COMMISSION UNDER THE PUBLIC SERVICE LAW.
  S 2. Subdivision 5 of section 1021-e of the public authorities law, as
added by a chapter of the laws of 2010 amending the  public  authorities
law  and  the  executive  law relating to establishing the North Country
power authority, as proposed in legislative bills numbers  S.2813-A  and
A.6694-B, is amended to read as follows:
  5.  To  acquire on behalf of and in the name of the authority, whether
by agreement with and purchase from the owner or  owners,  or  by  arbi-
tration,  or  within the service area by eminent domain, pursuant to the
procedures set forth in the eminent domain procedure law, or  by  lease,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15021-06-0

A. 9233--B                          2

the whole or any part of any existing facilities or of any other proper-
ty  to  be  used  in connection with power transmission, distribution or
generation by the authority as set out in this title; provided, however,
that  the authority shall not acquire real property of a municipality or
a political subdivision of the state unless such municipality  or  poli-
tical  subdivision  shall  consent  thereto; [and in connection with the
purchase of such properties] AND PROVIDED  FURTHER  THAT  THE  AUTHORITY
SHALL  NOT  ACQUIRE BY THE EXERCISE OF EMINENT DOMAIN ANY FACILITIES FOR
THE TRANSMISSION OF ELECTRICITY OPERATING AT  A  VOLTAGE  IN  EXCESS  OF
TWENTY-TWO  THOUSAND  VOLTS FROM ANY PERSON, CORPORATION OR ASSOCIATION,
PUBLIC OR PRIVATE, ENGAGED IN THE BUSINESS OF DISTRIBUTION AND  SALE  OF
ELECTRICITY  TO  ULTIMATE  CUSTOMERS  UNLESS  THE AUTHORITY IS UNABLE TO
ACQUIRE BY CONTRACT WITH THE OWNERS OR OPERATORS THEREOF, THE  RIGHT  TO
USE  SUCH  FACILITIES  ON JUST, REASONABLE AND NON-DISCRIMINATORY TERMS;
AND PROVIDED FURTHER THAT THE AUTHORITY SHALL NOT ACQUIRE BY  THE  EXER-
CISE  OF  EMINENT  DOMAIN  ANY FACILITIES FOR THE GENERATION OF ELECTRIC
POWER FROM ANY PERSON, CORPORATION, COMPANY, OR ASSOCIATION,  PUBLIC  OR
PRIVATE,  ENGAGED  IN  THE  GENERATION OF ELECTRIC POWER.  IN CONNECTION
WITH THE PURCHASE OF ANY PROPERTIES AUTHORIZED HEREIN, the authority may
assume any obligations of the owner  of  such  properties  and,  to  the
extent  required  by  the  terms  of any indentures or other instruments
under which such obligations were issued, the authority may  assume  and
agree  to  perform  covenants and observe restrictions contained in such
instruments; and furthermore the owner  of  any  properties,  which  the
authority  is  authorized  to  acquire,  is hereby authorized to sell or
otherwise transfer the same to the authority.   In the exercise  of  the
power  of  eminent domain, as provided in this subdivision, the property
being acquired shall be deemed, when so determined by the authority,  to
be for a public use;
  S  3.  This act shall take effect on the same date as a chapter of the
laws of 2010 amending the public authorities law and the  executive  law
relating  to establishing the North Country power authority, as proposed
in legislative bills numbers S.2813-A and A.6694-B, takes effect.

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Assembly Bill A9233

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2009-A9233 - Details

2009-A9233 - Summary

2009-A9233 - Sponsor Memo

2009-A9233 - Bill Text download pdf

2009-A9233A - Details

2009-A9233A - Summary

2009-A9233A - Sponsor Memo

2009-A9233A - Bill Text download pdf

2009-A9233B (ACTIVE) - Details

2009-A9233B (ACTIVE) - Summary

2009-A9233B (ACTIVE) - Sponsor Memo

2009-A9233B (ACTIVE) - Bill Text download pdf

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Sponsored By

RUSSELL

Archive: Last Bill Status - In Assembly Committee

Actions

Bill Amendments

2009-A9233 - Details

2009-A9233 - Summary

2009-A9233 - Sponsor Memo

2009-A9233 - Bill Text download pdf

2009-A9233A - Details

2009-A9233A - Summary

2009-A9233A - Sponsor Memo

2009-A9233A - Bill Text download pdf

2009-A9233B (ACTIVE) - Details

2009-A9233B (ACTIVE) - Summary

2009-A9233B (ACTIVE) - Sponsor Memo

2009-A9233B (ACTIVE) - Bill Text download pdf

Comments