NY State Assembly Bill 2009-A11166B

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
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Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 22, 2010	reported referred to ways and means
Jun 11, 2010	print number 11166b
Jun 11, 2010	amend and recommit to corporations, authorities and commissions
Jun 02, 2010	print number 11166a
Jun 02, 2010	amend and recommit to corporations, authorities and commissions
May 21, 2010	referred to corporations, authorities and commissions

Bill Amendments

Original

B (Active)

co-Sponsors

2009-A11166 - Details

See Senate Version of this Bill:: S7890
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, S2397
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

                                BILL NUMBER:A11166

TITLE  OF  BILL:    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

PURPOSE:  This  act  would  clarify  that the New York Power Authority
retains regulatory jurisdiction over all municipal electric utilities.

SUMMARY OF PROVISIONS:  Section 1 amends section 1014  of  the  public
authorities  law  to  clarify  that  municipal  electric utilities who
purchase and distribute power from the New York Power Authority  shall
be   regulated  by  the  Authority  and  not  by  the  Public  Service
Commission.

Section 2 amends section 364 of the general municipal  law  to  exempt
from  regulation by the Public Service Commission those municipalities
who distribute power from the New York  Power  Authority  but  do  not
generate power for distribution.

Section 3 sets forth the effective date of this Act.

EXISTING  LAW:  Currently,  Public Authorities Law section 1014 states
that entities whose power is generated exclusively  by  the  New  York
Power Authority shall be regulated by the Authority and not the Public
Service  Commission.  General  Municipal Law section 364 provides that

municipal electric utilities shall be subject to the  jurisdiction  of
the Public Service Commission.

JUSTIFICATION:  Small municipalities across the state provide electric
service to their residents through electric distribution  systems  run
by  the  municipalities themselves, Pursuant to state and federal law,
these municipalities receive an allocation of low-cost hydropower from
the Niagara Power Project and through the New  York  Power  Authority.
Before  the  deregulation  of the power industry, these municipalities
purchased all of  their  power  through  the  Power  Authority.  After
deregulation,  most  municipalities now purchase a percentage of their
power on the open market, As the law  is  written,  this  brings  them
under  the  regulatory  jurisdiction of the Public Service Commission.
Accordingly, whenever a municipality needs to  change  its  rates,  it
must  expend  hundreds  of  thousands  of  dollars to hire experts and
participate in a relatively adversarial rate-making process before the
PSC. The PSC was created to - regulate the behavior of large, investor
owned, for-profit utility companies, and to hold them  accountable  to
the public. Small municipal utilities are already directly accountable
to  the  public  through local elections.   It is for this reason that
similarly situated  utilities,  such  as  rural  cooperative  electric
utilities  and  municipal  water  utilities,  are not subjected to the
PSC's regulatory authority in  this  manner.  This  legislation  would
restore  the  former  state  of  affairs, where NYPA regulated all the
municipal electric utilities.  NYPA already works extensively with the
municipal utilities because the vast majority  of  their  power  comes
from   NYPA.   Moreover,   NYPA   already  regulates  several  of  the
municipalities who still receive all of their power from NYPA.

PRIOR LEGISLATIVE HISTORY: None.


FISCAL IMPLICATIONS:; None,

EFFECTIVE DATE: This act shall take effect January 1, 2011.

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

A. 11166                            2

shall  be  deemed to be superseded, modified or repealed as the case may
require.
  S  2.  Section 364 of the general municipal law, as amended by chapter
181 of the laws of 1945, is amended to read as follows:
  S 364. Provisions of public  service  law  applicable.  1.  Except  as
provided  in  subdivision  two of this section, all of the provisions of
article four of the public service law, so far as the same are  applica-
ble,  shall apply to a municipal corporation furnishing a public utility
service under this article.
  2. (a) A municipal corporation need not apply to or  obtain  from  the
public service commission a certificate of authority for a public utili-
ty service under this article.
  (b)  A  municipal  corporation  furnishing a public utility service or
services need not decrease its rates and charges  for  such  service  or
services  on order of the public service commission unless such order is
issued upon notice  and  after  hearing  instituted  upon  the  verified
complaint  in writing of not less than twenty-five of the active consum-
ers as shown by the records of the utility, residing in the territory in
which the utility rate or rates referred to in said complaint is or  are
applicable.
  (C)  A  MUNICIPAL  CORPORATION  THAT  OWNS  AND  OPERATES  AN ELECTRIC
DISTRIBUTION SYSTEM AND DISTRIBUTES ANY POWER FROM THE  NEW  YORK  POWER
AUTHORITY  SHALL  BE  REGULATED BY THE NEW YORK POWER AUTHORITY, AND NOT
SUBJECT TO ARTICLE FOUR OF THE PUBLIC  SERVICE  LAW,  EXCEPT  FOR  THOSE
MUNICIPALITIES THAT SELF-GENERATE POWER FOR DISTRIBUTION PURPOSES.
  S 3. This act shall take effect January 1, 2011.

co-Sponsors

2009-A11166A - Details

See Senate Version of this Bill:: S7890
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, S2397
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.

                                                           LBD17433-02-0

A. 11166--A                         2

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
shall  be  deemed to be superseded, modified or repealed as the case may
require.
  S 2. Subdivision 2 of section 364 of  the  general  municipal  law  is
amended by adding a new paragraph (c) to read as follows:
  (C)  A  MUNICIPAL  CORPORATION  THAT  OWNS  AND  OPERATES  AN ELECTRIC
DISTRIBUTION SYSTEM AND DISTRIBUTES ANY POWER FROM THE  NEW  YORK  POWER
AUTHORITY  SHALL  BE  REGULATED BY THE NEW YORK POWER AUTHORITY, AND NOT
SUBJECT TO ARTICLE FOUR OF THE PUBLIC SERVICE LAW, EXCEPT FOR (1)  THOSE
MUNICIPALITIES  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.
  S 3. This act shall take effect January 1, 2011.

co-Sponsors

2009-A11166B (ACTIVE) - Details

See Senate Version of this Bill:: S7890
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, S2397
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.

                                                           LBD17433-03-0

A. 11166--B                         2

tion  law  and  every  other  law  relating  to the department of public
service or the public service commission or to the conservation  depart-
ment  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 shall be  deemed  to  be  superseded,  modified  or
repealed as the case may require.
  S  2.  Subdivision  2  of  section 364 of the general municipal law is
amended by adding a new paragraph (c) to read as follows:
  (C) A  MUNICIPAL  CORPORATION  THAT  OWNS  AND  OPERATES  AN  ELECTRIC
DISTRIBUTION  SYSTEM  AND  DISTRIBUTES ANY POWER FROM THE NEW YORK POWER
AUTHORITY SHALL BE REGULATED BY THE NEW YORK POWER  AUTHORITY,  AND  NOT
SUBJECT  TO ARTICLE FOUR OF THE PUBLIC SERVICE LAW, EXCEPT FOR (1) THOSE
MUNICIPALITIES 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.
  S 3. This act shall take effect January 1, 2011.

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Assembly Bill A11166B

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Actions

Bill Amendments

co-Sponsors

2009-A11166 - Details

2009-A11166 - Summary

2009-A11166 - Sponsor Memo

2009-A11166 - Bill Text download pdf

co-Sponsors

2009-A11166A - Details

2009-A11166A - Summary

2009-A11166A - Bill Text download pdf

co-Sponsors

2009-A11166B (ACTIVE) - Details

2009-A11166B (ACTIVE) - Summary

2009-A11166B (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

BRODSKY

Archive: Last Bill Status - In Assembly Committee

Actions

Bill Amendments

co-Sponsors

Addie Jenne

William Magee

2009-A11166 - Details

2009-A11166 - Summary

2009-A11166 - Sponsor Memo

2009-A11166 - Bill Text download pdf

co-Sponsors

Addie Jenne

William Magee

2009-A11166A - Details

2009-A11166A - Summary

2009-A11166A - Bill Text download pdf

co-Sponsors

Addie Jenne

William Magee

2009-A11166B (ACTIVE) - Details

2009-A11166B (ACTIVE) - Summary

2009-A11166B (ACTIVE) - Bill Text download pdf

Comments