senate Bill S3447

2011-2012 Legislative Session

Protects powers granted to municipalities concerning certain public utility services

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to energy and telecommunications
Jun 24, 2011 committed to rules
Jun 14, 2011 advanced to third reading
Jun 13, 2011 2nd report cal.
Jun 07, 2011 1st report cal.1073
Feb 22, 2011 referred to energy and telecommunications

Votes

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Jun 7, 2011 - Energy and Telecommunications committee Vote

S3447
8
1
committee
8
Aye
1
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Energy and Telecommunications Committee Vote: Jun 7, 2011

nay (1)
aye wr (3)

S3447 - Bill Details

See Assembly Version of this Bill:
A5494
Current Committee:
Senate Energy And Telecommunications
Law Section:
Public Authorities Law
Laws Affected:
Amd §1020-h, Pub Auth L
Versions Introduced in 2009-2010 Legislative Session:
S3646, A7200

S3447 - Bill Texts

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Clarifies provisions of the Long Island Power Authority Act regarding whether such act preempts certain powers granted to any municipality located in whole or in part in the service area of the Long Island Power Authority by providing that it does not preempt such municipalities from exercising their authority to establish municipal power agencies and to acquire facilities through eminent domain.

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BILL NUMBER:S3447

TITLE OF BILL:
An act
to amend the public authorities law, in relation to powers granted to
municipalities concerning public utility services

PURPOSE:
To clarify the Long Island Power Authority Act by providing that it
does not preempt municipalities from exercising their authority to
establish municipal power agencies under the General Municipal Law.

SUMMARY OF PROVISIONS:
Adds two new subdivisions (12) and (13) to § 1020(h) of the public
authorities law.

JUSTIFICATION:
Local governments across Long Island are exploring alternatives to
LILCO with regard to the preparation of electric power. LILCO has the
highest electric rates in the United States. One of the options to
LILCO would be for a local government to set up their own power
agency under the General Municipal Law, acquiring LILCO's
distribution system and acquire power from cheaper sources than LILCO.

However, existing law is unclear as to whether local governments on
Long Island still have this option or whether they have been
preempted by the LIPA Act.

This law would make it clear that no preemption is in effect. It would
also benefit any local government attempting municipalization by
making the LIP A findings concerning valuation applicable to local
government.

LEGISLATIVE HISTORY:
2009-10, S.3646/A.7200; 2007-08, S.666/A.1282; 2005-06, S.1367/A.2536;
2003-04, S.752/A.1402;
2001-02 S.2105/A.3605; 1999-00 S.1628/A.2826; 1997-98, S.1376/A.2126;
1995-96, S.5047/A.7267

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

    S. 3447                                                  A. 5494

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            February 22, 2011
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed,  and  when  printed to be committed to the Committee on Energy and
  Telecommunications

IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
  to the Committee on Corporations, Authorities and Commissions

AN ACT to amend the public authorities law, in relation to powers grant-
  ed to municipalities concerning public utility services

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

  Section 1. Section 1020-h of the public authorities law, as  added  by
chapter  517  of the laws of 1986, is amended by adding two new subdivi-
sions 12 and 13 to read as follows:
  12. NOTHING IN THIS TITLE SHALL BE CONSTRUED AS PREEMPTING, OR  OTHER-
WISE  LIMITING,  THE  RIGHTS  OF ANY MUNICIPALITY LOCATED IN WHOLE OR IN
PART IN THE SERVICE AREA FROM EXERCISING ANY POWER OR AUTHORITY  GRANTED
TO  IT BY ARTICLE FOURTEEN-A OF THE GENERAL MUNICIPAL LAW, INCLUDING THE
RIGHT TO ACQUIRE FACILITIES THROUGH  EMINENT  DOMAIN  AS  SET  FORTH  IN
SUBDIVISION  SIX OF SECTION THREE HUNDRED SIXTY OF THE GENERAL MUNICIPAL
LAW.
  13. IN CONJUNCTION WITH THE EXERCISE OF THE POWER  OF  EMINENT  DOMAIN
SPECIFICALLY  RESERVED  TO MUNICIPALITIES LOCATED IN WHOLE OR IN PART IN
THE SERVICE AREA, THE LEGISLATIVE FINDINGS WITH RESPECT TO THE APPROPRI-
ATE VALUATION OF LILCO'S  PROPERTY,  AS  SET  FORTH  IN  PARAGRAPHS  (F)
THROUGH  (M)  OF SUBDIVISION ONE OF THIS SECTION, SHALL BE CONSIDERED BY
THE COURT IN ESTABLISHING JUST COMPENSATION FOR ANY  PROPERTY  TAKEN  BY
ANY SUCH MUNICIPALITY.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03818-01-1

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