S T A T E O F N E W Y O R K
________________________________________________________________________
10530
I N A S S E M B L Y
June 4, 2012
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Morelle,
Gabryszak, Zebrowski, Russell, Ryan, Brindisi) -- read once and
referred to the Committee on Judiciary
AN ACT to amend the transportation corporation law, in relation to the
powers of gas and electric corporations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 11 of the transportation corporation law is
amended by adding a new subdivision 8 to read as follows:
8. SUBDIVISIONS THREE, THREE-A AND THREE-B OF THIS SECTION SHALL NOT
APPLY TO ANY ELECTRIC CORPORATION WHICH:
(A) SEEKS, THROUGH ITSELF, OR THROUGH ONE OR MORE AFFILIATED INTERESTS
AS DEFINED IN PARAGRAPH (C) OF THIS SUBDIVISION, TO EITHER BUILD A TRAN-
SMISSION LINE OR TO EXPAND AN EXISTING TRANSMISSION LINE WHICH TRANS-
MISSION LINE ORIGINATES AT A LOCATION OUTSIDE OF THE TERRITORIAL LIMITS
OF THE UNITED STATES OF AMERICA AND EXTENDS TO A LOCATION WITHIN THE
STATE OF NEW YORK; OR
(B) SEEKS, THROUGH ITSELF, OR THROUGH ONE OR MORE AFFILIATED INTERESTS
AS DEFINED IN PARAGRAPH (C) OF THIS SUBDIVISION, TO EITHER BUILD AN
ELECTRIC GENERATING FACILITY, OR TO EXPAND AN EXISTING ELECTRIC GENERAT-
ING FACILITY THAT IS LOCATED OUTSIDE OF THE TERRITORIAL LIMITS OF THE
UNITED STATES OF AMERICA TOGETHER WITH BUILDING OR OTHERWISE UTILIZING
AN EXISTING ELECTRICAL INTERCONNECTION TO A POINT LOCATED WITHIN THE
STATE OF NEW YORK.
(C) FOR THE PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
I. "AFFILIATED INTERESTS" SHALL INCLUDE BUT NOT BE LIMITED TO, ANY
PERSON WHICH DIRECTLY, INDIRECTLY, OR CONSTRUCTIVELY:
A. CONTROLS ANOTHER PERSON;
B. IS CONTROLLED BY ANOTHER PERSON; OR
C. IS, ALONG WITH ANOTHER PERSON, UNDER THE CONTROL OF A COMMON
PARENT.
II. "CONTROL" MEANS POSSESSION OF THE POWER TO DIRECT, OR CAUSE THE
DIRECTION OF, THE MANAGEMENT AND POLICIES OF ANOTHER PERSON.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15140-01-2
A. 10530 2
III. "PERSON" MEANS ANY INDIVIDUAL, CORPORATION, PUBLIC BENEFIT CORPO-
RATION, POLITICAL SUBDIVISION, SOVEREIGN OR TRIBAL NATION, GOVERNMENT
AGENCY, MUNICIPALITY, PARTNERSHIP, CO-OPERATIVE ASSOCIATION, TRUST OR
ESTATE.
S 2. This act shall take effect immediately.