Assembly Bill A3075A

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

                                 3075--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2011
                               ___________

Introduced  by  M.  of  A.  CANESTRARI  -- read once and referred to the
  Committee on Environmental Conservation -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the  education  law,  in  relation  to  expenditures  by
  certain  school  districts and to amend the environmental conservation
  law, in relation to abolishing the Hudson river-Black river regulating
  district and devolving such powers to the power authority of the state
  of New York; and to repeal certain  provisions  of  the  environmental
  conservation law relating thereto

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

  Section 1. Section 2022 of the education law is amended  by  adding  a
new subdivision 7 to read as follows:
  7.  NOTWITHSTANDING  THE  PROVISIONS  OF  THIS SECTION AND SECTION TWO
THOUSAND TWENTY-THREE OF THIS PART  FOR  THE  TWO  THOUSAND  TWELVE--TWO
THOUSAND  THIRTEEN  SCHOOL  YEAR, ANY SCHOOL DISTRICT LOCATED WITHIN THE
HUDSON RIVER-BLACK RIVER REGULATING DISTRICT MAY  EXCEED  THE  LEVEL  OF
EXPENDITURES  AUTHORIZED BY THE VOTE REQUIRED BY SUBDIVISION ONE OF THIS
SECTION OR THE LEVEL OF EXPENDITURES SET BY THE BOARD  OF  EDUCATION  IN
ACCORDANCE  WITH  SECTION  TWO THOUSAND TWENTY-THREE OF THIS PART BY THE
AMOUNT OF REAL PROPERTY TAXES OR PAYMENTS IN LIEU OF TAXES MADE  BY  THE
NEW  YORK  POWER  AUTHORITY  AFTER  THE  DISSOLUTION  OF SUCH REGULATING
DISTRICT.
  S 2. The environmental conservation law is amended  by  adding  a  new
section 15-2142 to read as follows:
S 15-2142. HUDSON RIVER-BLACK RIVER REGULATING DISTRICT AND STATE OF NEW
             YORK  POWER  AUTHORITY:  OLD  BOARDS ABOLISHED; TRANSFER OF
             FUNCTIONS; PENDING ACTIONS AND PROCEEDINGS;  INTERPRETATION
             OF DOCUMENTS; EXISTING RIGHTS AND REMEDIES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05214-03-1

              

A. 3075--A                          2

  1. EXCEPT AS HEREINAFTER PROVIDED, THE BOARD OF THE HUDSON RIVER-BLACK
RIVER  REGULATING DISTRICT IS HEREBY ABOLISHED, AND ALL OF THE JURISDIC-
TION, FUNCTIONS, POWERS, DUTIES AND OBLIGATIONS POSSESSED  OR  EXERCISED
BY,  OR  FOR WHICH COMMITMENTS HAVE BEEN MADE BY, SUCH BOARDS, INCLUDING
LANDS  OR  PROPERTY ACQUIRED, MONEYS OF THE BOARDS, AND ACTIONS TAKEN OR
DETERMINATIONS MADE BY SUCH BOARDS, ARE HEREBY TRANSFERRED TO,  ASSIGNED
TO  AND  DEVOLVED  UPON THE POWER AUTHORITY OF THE STATE OF NEW YORK AND
ITS CHAIRMAN.
  2. EXCEPT AS HEREINAFTER PROVIDED, THE CONTRACTS, BOOKS, MAPS,  PLANS,
PAPERS,  RECORDS  AND PROPERTY OF WHATEVER DESCRIPTION WITHIN THE JURIS-
DICTION OR UNDER THE CONTROL OF THE HUDSON RIVER-BLACK RIVER  REGULATING
DISTRICT, INCLUDING MONEYS APPROPRIATED AND AVAILABLE TO SUCH DISTRICTS,
PERTAINING  TO OR USED IN CONNECTION WITH THE EXERCISE OR PERFORMANCE OF
THE FUNCTIONS, POWERS AND DUTIES HEREBY TRANSFERRED AND ASSIGNED,  SHALL
BE  DELIVERED TO THE CHAIRMAN OF THE NEW YORK STATE POWER AUTHORITY, WHO
IS HEREBY AUTHORIZED TO TAKE POSSESSION THEREOF.
  3. FOR THE PURPOSES OF SUCCESSION, THE FUNCTIONS,  POWERS  AND  DUTIES
TRANSFERRED,  ASSIGNED  TO, AND DEVOLVING UPON THE POWER AUTHORITY SHALL
BE DEEMED TO CONSTITUTE A CONTINUATION OF  SUCH  FUNCTIONS,  POWERS  AND
DUTIES  EXERCISED  BY  THE HUDSON RIVER-BLACK RIVER REGULATING DISTRICT,
AND THE ACTS, ORDERS, RULES,  REGULATIONS  AND  DETERMINATIONS  OF  SUCH
DISTRICTS  SHALL  HAVE,  AND CONTINUE WITH, THE SAME FORCE AND EFFECT AS
THOUGH DONE BY OR MADE BY THE POWER AUTHORITY.
  4. ANY BUSINESS OR MATTER HERETOFORE UNDERTAKEN  OR  COMMENCED  BY  OR
BEFORE  THE  HUDSON RIVER-BLACK RIVER REGULATING DISTRICT, OR ANY ACTION
OR PROCEEDING HERETOFORE BROUGHT BY OR AGAINST SUCH DISTRICTS,  PERTAIN-
ING  TO OR CONNECTED WITH THE FUNCTIONS, POWERS AND DUTIES HEREBY TRANS-
FERRED AND ASSIGNED TO THE POWER AUTHORITY MAY BE CONDUCTED,  COMPLETED,
PROSECUTED  AND  DEFENDED  BY AND IN THE NAME OF THE POWER AUTHORITY. IN
ALL SUCH ACTIONS AND PROCEEDINGS THE HUDSON RIVER-BLACK RIVER REGULATING
DISTRICT, UPON APPLICATION TO THE COURT, MAY BE SUBSTITUTED AS A PARTY.
  5. WHEN THE HUDSON RIVER-BLACK RIVER REGULATING DISTRICT  IS  REFERRED
TO  OR  DESIGNATED  IN  ANY LAW, CONTRACT OR DOCUMENT, SUCH REFERENCE OR
DESIGNATION SHALL BE DEEMED TO REFER TO AND INCLUDE THE POWER  AUTHORITY
SO  FAR  AS SUCH LAW, CONTRACT OR DOCUMENT PERTAINS TO MATTERS WHICH ARE
WITHIN ITS JURISDICTION BY REASON OF SUCH  TRANSFER  AND  ASSIGNMENT  OF
FUNCTIONS, POWERS AND DUTIES.
  S  3.  Section  15-2137  of  the  environmental  conservation  law  is
REPEALED.
  S  4.  Section  15-2139  of  the  environmental  conservation  law  is
REPEALED.
  S  5.  Section  15-2141  of  the  environmental  conservation  law  is
REPEALED.
  S 6. This act shall take effect on the first of July  next  succeeding
the  date  on  which it shall have become a law; provided, however, that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized and directed to be made  and  completed  on  or
before such effective date.