Senate Bill S2727A

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

                                  2727

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 27, 2009
                               ___________

Introduced  by  Sens.  LAVALLE,  FUSCHILLO, MARCELLINO -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Energy and Telecommunications

AN  ACT  to amend the public service law and the public authorities law,
  in relation to the implementation of proposed rate  increases  by  the
  Long Island power authority and/or its subsidiaries

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

  Section 1.  Subdivision 1 of section 5 of the public  service  law  is
amended by adding a new paragraph i to read as follows:
  I.  TO  THE  LONG  ISLAND POWER AUTHORITY AND/OR ITS SUBSIDIARIES WHEN
SUCH AUTHORITY SHALL PROPOSE IMPLEMENTATION OF AN  INCREASE  IN  AVERAGE
CUSTOMER  RATES  EXCEEDING  TWO AND ONE-HALF PERCENT OVER A TWELVE MONTH
PERIOD, OR TO EXTEND OR REESTABLISH ANY  PORTION  OF  A  TEMPORARY  RATE
INCREASE  OVER  TWO AND ONE-HALF PERCENT; SUCH PROPOSED INCREASE, EXTEN-
SION OR REESTABLISHMENT SHALL NOT BE IMPLEMENTED WITHOUT APPROVAL OF THE
COMMISSION FOLLOWING A FULL EVIDENTIARY HEARING PURSUANT TO REGULATIONS.
  S 2. The public service law is amended by adding a new section 24-c to
read as follows:
  S 24-C. NOTICE BY LONG ISLAND POWER AUTHORITY PRIOR  TO  CERTAIN  RATE
CHANGES.  PURSUANT TO THE REQUIREMENTS OF PARAGRAPH I OF SUBDIVISION ONE
OF SECTION FIVE OF THIS ARTICLE, THE LONG ISLAND POWER AUTHORITY  AND/OR
ANY OF ITS SUBSIDIARIES SHALL NOTIFY THE COMMISSION OF ANY PROPOSED RATE
INCREASE  EXCEEDING  TWO AND ONE-HALF PERCENT OVER A TWELVE MONTH PERIOD
OR THE EXTENSION OR REESTABLISHMENT OF ANY PORTION OF A  TEMPORARY  RATE
INCREASE OVER TWO AND ONE-HALF PERCENT, AND SHALL COMPLY WITH APPLICABLE
REGULATIONS  OF  THE  COMMISSION  FOR  EVIDENTIARY HEARINGS PRIOR TO THE
IMPLEMENTATION OF ANY SUCH RATE CHANGE.
  S 3. The section heading and subdivision 1 of section  1020-s  of  the
public authorities law, as added by chapter 517 of the laws of 1986, are
amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02726-01-9
              

S. 2727                             2

  Public service law generally not applicable to authority; inconsistent
provisions  in certain other acts superseded; EXCEPTIONS.  1. The rates,
services and practices relating to the electricity generated by  facili-
ties  owned  or  operated  by  the authority shall not be subject to the
provisions  of the public service law or to regulation by, or the juris-
diction of, the public service commission,  except  to  the  extent  (a)
article seven of the public service law applies to the siting and opera-
tion  of  a  major utility transmission facility as defined therein, (b)
article eight of such law applies to the siting of a generating facility
as defined therein, [and] (c) section eighteen-a of  such  law  provides
for assessment for certain costs, property or operations, AND (D) PURSU-
ANT TO PARAGRAPH I OF SUBDIVISION ONE OF SECTION FIVE OF SUCH LAW, WHEN-
EVER THE AUTHORITY OR ANY OF ITS SUBSIDIARIES SHALL PROPOSE CERTAIN RATE
CHANGES.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.