S T A T E   O F   N E W   Y O R K
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                                  6251

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 25, 2013
                               ___________

Introduced  by M. of A. BRENNAN, RUSSELL, MAGEE -- Multi-Sponsored by --
  M. of A. JACOBS -- read once and referred to the Committee  on  Corpo-
  rations, Authorities and Commissions

AN  ACT  to  amend  the public authorities law and the general municipal
  law, in relation to clarifying the regulatory  authority  of  the  New
  York power authority

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

  Section 1. Section 1014 of the public authorities law, as  amended  by
chapter 388 of the laws of 2011, is amended to read as follows:
  S  1014.  Public service law not applicable to authority; inconsistent
provisions in other acts superseded. The rates, services  and  practices
relating to the generation, transmission, distribution and sale OF POWER
by the authority[, of power to be generated from the projects authorized
by  this  title]  shall  not  be subject to the provisions of the public
service law nor to regulation by, nor the jurisdiction of the department
of public service.  IN PARTICULAR, THE AUTHORITY, AND NOT THE DEPARTMENT
OF PUBLIC SERVICE, WILL HAVE REGULATORY AUTHORITY AND JURISDICTION  OVER
ANY  MUNICIPAL  CORPORATION AS DEFINED IN SECTION THREE HUNDRED SIXTY OF
THE GENERAL MUNICIPAL LAW THAT OWNS AND OPERATES  AN  ELECTRIC  DISTRIB-
UTION  SYSTEM  AND  DISTRIBUTES  ANY POWER FROM THE AUTHORITY, PROVIDED,
HOWEVER, THAT SUCH MUNICIPAL CORPORATIONS SHALL REMAIN  SUBJECT  TO  THE
REQUIREMENTS  OF  SECTION  SIXTY-EIGHT  OF  THE  PUBLIC SERVICE LAW; AND
PROVIDED, FURTHER, THAT THIS EXEMPTION FROM  PUBLIC  SERVICE  COMMISSION
JURISDICTION  SHALL  NOT  APPLY TO: (1) MUNICIPAL CORPORATIONS THAT SELF
GENERATE POWER FOR DISTRIBUTION PURPOSES; (2) POWER AUTHORITIES THAT ARE
ESTABLISHED BY THE LEGISLATURE AFTER MAY TWENTIETH, TWO THOUSAND TWELVE;
AND (3) MUNICIPAL CORPORATIONS THAT ARE ESTABLISHED PURSUANT TO  SECTION
THREE  HUNDRED  SIXTY  OF THE GENERAL MUNICIPAL LAW AFTER MAY TWENTIETH,
TWO THOUSAND TWELVE. Except to the extent article seven  of  the  public
service law applies to the siting and operation of a major utility tran-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09775-01-3
              

A. 6251                             2

smission  facility  as  defined  therein,  and article ten of the public
service law applies to the siting of a major electric generating facili-
ty as defined therein, and except to the extent  section  eighteen-a  of
the  public  service  law  provides  for assessment of the authority for
certain costs relating thereto, the provisions of the public service law
and of the environmental conservation law and every other  law  relating
to  the department of public service or the public service commission or
to the environmental conservation department or to the functions, powers
or duties assigned to the division of water power and control by chapter
six hundred nineteen of the laws of nineteen hundred  twenty-six,  shall
so  far  as is necessary to make this title effective in accordance with
its terms and purposes be deemed to  be  superseded,  and  wherever  any
provision  of law shall be found in conflict with the provisions of this
title or inconsistent with the purposes thereof, it shall be  deemed  to
be superseded, modified or repealed as the case may require.
  S  2.  Subdivision  2  of  section 364 of the general municipal law is
amended by adding a new paragraph (c) to read as follows:
  (C) A  MUNICIPAL  CORPORATION  THAT  OWNS  AND  OPERATES  AN  ELECTRIC
DISTRIBUTION  SYSTEM  AND  DISTRIBUTES ANY POWER FROM THE NEW YORK POWER
AUTHORITY SHALL BE REGULATED BY THE NEW YORK POWER  AUTHORITY,  AND  NOT
SUBJECT  TO  ARTICLE  FOUR OF THE PUBLIC SERVICE LAW, PROVIDED, HOWEVER,
THAT SUCH MUNICIPAL CORPORATIONS SHALL REMAIN SUBJECT  TO  THE  REQUIRE-
MENTS  OF  SECTION  SIXTY-EIGHT  OF THE PUBLIC SERVICE LAW; AND PROVIDED
FURTHER THAT THIS EXEMPTION FROM PUBLIC SERVICE COMMISSION  JURISDICTION
SHALL  NOT  APPLY  TO: (1) THOSE MUNICIPALITIES THAT SELF GENERATE POWER
FOR DISTRIBUTION PURPOSES; (2) POWER AUTHORITIES THAT ARE ESTABLISHED BY
THE LEGISLATURE AFTER MAY TWENTIETH, TWO THOUSAND TWELVE; AND (3) MUNIC-
IPAL CORPORATIONS THAT ARE ESTABLISHED PURSUANT TO SECTION THREE HUNDRED
SIXTY OF THIS ARTICLE AFTER MAY TWENTIETH, TWO THOUSAND TWELVE.
  S 3. This act shall take effect January 1, 2014.