Senate Bill S591A

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

                                 591--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education  --  recommitted
  to the Committee on Education in accordance with Senate Rule 6, sec. 8
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05214-02-1
              

S. 591--A                           2

             FUNCTIONS; PENDING ACTIONS AND PROCEEDINGS;  INTERPRETATION
             OF DOCUMENTS; EXISTING RIGHTS AND REMEDIES.
  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.