S T A T E O F N E W Y O R K
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4205
2009-2010 Regular Sessions
I N A S S E M B L Y
January 30, 2009
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Introduced by M. of A. THIELE, ALFANO, McDONOUGH, RAIA, WALKER --
Multi-Sponsored by -- M. of A. BARRA -- read once and referred to the
Committee on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to the board of
trustees of the Long Island power authority and repealing certain
provisions 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. Legislative intent. The legislature finds and declares
that:
1. the Long Island power authority was established because the legis-
lature believed that matters of state concern would best be dealt with
by replacing such investor owned utility with a publicly owned power
authority;
2. a public power authority is best governed by representatives of the
public it was established to serve;
3. a democratic principal of energy production must seek to ensure an
equitable responsibility for the production of power among the constitu-
ents served;
4. in the future Long Island should seek to reformulate its energy
distribution methods so that the various townships will take responsi-
bility for producing the power necessary to match growth;
5. the public election of trustees to the power authority will serve
to better represent local interests and issues;
6. as a matter of public policy, relinquishing local control over
power production does not allow siting and technology decisions to be
made by the most impacted population. Therefore, through the election of
local trustees, the communities can work to accept the responsibility
for the energy production decisions necessary to accommodate their
needs; and
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03893-01-9
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7. the Long Island Power Authority (LIPA) was created by the state to
be the retail supplier of electricity and is charged with developing
energy policy, rate setting and financial planning for the Long Island
service territory. LIPA was intended to "provide safe and adequate
service at lower rates while facilitating the shift of investment into
more beneficial energy demand/energy supply management alternatives".
Moreover, the state intended that LIPA utilize "to the fullest extent
practicable, all economical means of conservation, and technologies that
rely on renewable energy resources, cogeneration and improvements in
energy efficiency which will benefit the interests of the ratepayers of
the service area".
The legislature finds that the interests set forth in this section
will be best served by a utility operated by an elected board of trus-
tees.
S 2. Section 1020-d of the public authorities law, as added by chapter
506 of the laws of 1995, is REPEALED and a new section 1020-d is added
to read as follows:
S 1020-D. TRUSTEES. 1. BEGINNING JANUARY FIRST, TWO THOUSAND TEN, THE
AUTHORITY SHALL CONSIST OF SEVENTEEN TRUSTEES. ONE TRUSTEE, WHO SHALL BE
THE CHAIR, SHALL BE APPOINTED BY THE GOVERNOR, AND SHALL SERVE AT THE
PLEASURE OF THE GOVERNOR. SIXTEEN TRUSTEES SHALL BE ELECTED WITH ONE
EACH FROM EACH OF THE FOLLOWING POLITICAL SUBDIVISIONS, OR IN THE CASE
OF THE COUNTY OF QUEENS, THE PORTION OF THE COUNTY OF QUEENS WITHIN THE
SERVICE AREA OF THE AUTHORITY:
(A) COUNTY OF NASSAU:
(1) TOWN OF HEMPSTEAD,
(2) TOWN OF NORTH HEMPSTEAD,
(3) TOWN OF OYSTER BAY,
(4) CITY OF LONG BEACH, AND
(5) CITY OF GLEN COVE;
(B) COUNTY OF SUFFOLK:
(1) TOWN OF BABYLON,
(2) TOWN OF BROOKHAVEN,
(3) TOWN OF EAST HAMPTON,
(4) TOWN OF HUNTINGTON,
(5) TOWN OF ISLIP,
(6) TOWN OF RIVERHEAD,
(7) TOWN OF SHELTER ISLAND,
(8) TOWN OF SMITHTOWN,
(9) TOWN OF SOUTHAMPTON,
(10) TOWN OF SOUTHOLD;
(C) THAT PORTION OF THE COUNTY OF QUEENS WITHIN THE AUTHORITIES
SERVICE AREA. EACH ELECTED TRUSTEE SHALL BE A RESIDENT OF THE POLITICAL
SUBDIVISION FROM WHICH HE OR SHE IS ELECTED. IN THE CASE OF THE COUNTY
OF QUEENS, THE TRUSTEE MUST ALSO RESIDE IN THE AUTHORITY SERVICE AREA.
NO PERSON WHO IS AN ELECTED OR APPOINTED OFFICIAL OF THE STATE OR ANY
MUNICIPALITY, OR ANY AGENCY OR INSTRUMENTALITY THEREOF, SHALL BE QUALI-
FIED TO SERVE AS AN ELECTED TRUSTEE. EACH TRUSTEE SHALL HOLD OFFICE FOR
A TERM OF TWO YEARS AND SHALL BE ELECTED AT THE SAME TIME AS THE BIENNI-
AL TOWN ELECTION. IN THE EVENT OF A VACANCY OCCURRING IN THE OFFICE OF
AN ELECTED TRUSTEE BY DEATH, RESIGNATION OR OTHERWISE, A SUCCESSOR SHALL
BE CHOSEN BY THE GOVERNING BODY OF THE POLITICAL SUBDIVISION FOR THE
UNEXPIRED TERM.
2. SUCH TRUSTEES SHALL BE ELECTED IN ELECTIONS CONDUCTED BY THE BOARD
OF ELECTIONS PURSUANT TO THE APPLICABLE PROVISIONS OF THE ELECTION LAW.
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NO POLITICAL PARTY SHALL BE ENTITLED TO NOMINATE CANDIDATES FOR THE
OFFICE OF TRUSTEE AT ANY SUCH ELECTION.
3. NINE TRUSTEES SHALL CONSTITUTE A QUORUM FOR THE PURPOSE OF CONDUCT-
ING THE BUSINESS OF THE AUTHORITY. THE VOTE OF THE MAJORITY OF THE TRUS-
TEES SHALL BE REQUIRED FOR THE PURPOSE OF TAKING ACTION.
4. NO TRUSTEE SHALL RECEIVE A SALARY, BUT EACH SHALL BE ENTITLED TO
REIMBURSEMENT FOR REASONABLE EXPENSES IN THE PERFORMANCE OF DUTIES
ASSIGNED IN THIS SECTION.
S 3. This act shall take effect immediately.