senate Bill S1139B

2013-2014 Legislative Session

Abolishes the Hudson river-Black river regulating district and devolves such powers to the power authority of the state of New York; repealer

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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
May 21, 2014 print number 1139b
amend (t) and recommit to education
May 19, 2014 print number 1139a
amend and recommit to education
Jan 08, 2014 referred to education
Jan 09, 2013 referred to education

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S1139 - Bill Details

See Assembly Version of this Bill:
A9650
Current Committee:
Senate Education
Law Section:
Environmental Conservation Law
Laws Affected:
Add §15-2142, rpld §§15-2137, 15-2139 & 15-2141, En Con L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S591A
2009-2010: S8118A

S1139 - Bill Texts

view summary

Abolishes the Hudson river-Black river regulating district and devolves such powers to the power authority of the state of New York.

view sponsor memo
BILL NUMBER:S1139 REVISED 1/8/13

TITLE OF BILL: 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

PURPOSE OR GENERAL IDEA OF THE BILL: Abolishes the Hudson River-Black
River regulating district and devolves such powers to the power
authority of the state of New York; repealer.

SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the education law by adding a new subdivision 7.

Section two amends the environmental conservation law by adding a new
section 15-2142.

Section three repeals Section 15-2137 of the environmental
conservation law.

Section four repeals section 15-2139 of the environmental conservation
law.

Section five repeals section 15-2141 of the environmental conservation
law.

Section six provides that the effective date is on the first of July
next succeeding the date on which it shall have become law.

JUSTIFICATION: The Hudson river-Black river Regulating District
billed the five county region of Albany, Rensselaer, Saratoga, Warren,
and Washington, a total of $4.45 million based on a flood control
benefit assessment in February 2010. unfortunately these counties do
not have the funds to pay these fees so they will have to pass along
the burden to their county property taxpayers by raising their taxes
in order to generate revenue. This bill is a step to save local tax
payers millions of dollars by eliminating the Hudson river-Black river
Regulating District, and subsequently their fees.

Currently, the New York State Power Authority manages several dams and
reservoirs and can perform the functions of the Hudson River-Black
River Regulating District. Transferring the duties of the Hudson
River-Black River Regulating District to the New York State Power
Authority would be an easy transition, This would also increase
government efficiency being as the New York State Power Authority is
already established and equipped to handle the operations of the
Hudson River-Black River Regulating District.

LEGISLATIVE HISTORY: 2011-2012: S.591A/A.3075A Remained in the Senate
Committee on Education and the Assembly Committee on Environmental
Conservation
2009-2010: S.8118A/A.11401A Remained in the Senate/Assembly Committees
on Environmental Conservation


FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: 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 effective date is authorized and directed to be made
and completed on or before such effective date; provided, further that
the amendment to section 2022 of the education law made by section one
of this act shall not affect the expiration of such section and shall
be deemed to expire therewith.

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

                                  1139

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

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  THIRTEEN--TWO
THOUSAND  FOURTEEN  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.
  1. EXCEPT AS HEREINAFTER PROVIDED, THE BOARD OF THE HUDSON RIVER-BLACK
RIVER  REGULATING DISTRICT IS HEREBY ABOLISHED, AND ALL OF THE JURISDIC-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01551-01-3

S. 1139                             2

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  is  authorized  and  directed to be made and completed on or
before such effective date; provided,  further  that  the  amendment  to
section  2022 of the education law made by section one of this act shall
not affect the expiration of such section and shall be deemed to  expire
therewith.

S1139A - Bill Details

See Assembly Version of this Bill:
A9650
Current Committee:
Senate Education
Law Section:
Environmental Conservation Law
Laws Affected:
Add §15-2142, rpld §§15-2137, 15-2139 & 15-2141, En Con L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S591A
2009-2010: S8118A

S1139A - Bill Texts

view summary

Abolishes the Hudson river-Black river regulating district and devolves such powers to the power authority of the state of New York.

view sponsor memo
BILL NUMBER:S1139A

TITLE OF BILL: 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

PURPOSE OR GENERAL IDEA OF BILL:

Abolishes the Hudson River-Black River regulating district and
devolves such powers to the power authority of the state of New York;
repealer.

SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the education law by adding a new subdivision 7.

Section two amends the environmental conservation law by adding a new
section 15-2142.

Section three repeals Section 15-2137 of the environmental
conservation law.

Section four repeals section 15-2139 of the environmental conservation
law.

Section five repeals section 15-2141 of the environmental conservation
law.

Section six provides that no County within the Hudson river - Black
river regulating district shall be liable to such regulating district
for any tax payments.

Section seven provides that the effective date is on the first of July
next succeeding the date on which it shall have become law.

JUSTIFICATION:

The Hudson river-Black river Regulating District billed the five
county region of Albany, Rensselaer, Saratoga, Warren, and Washington,
a total of $4.45 million based on a flood control benefit assessment
in February 2010. unfortunately these counties do not have the funds
to pay these fees so they will have to pass along the burden to their
county property taxpayers by raising their taxes in order to generate
revenue. This bill is a step to save local tax pavers millions of
dollars by eliminating the Hudson river-Black river Regulating
District, and subsequently their fees.

Currently, the New York State Power Authority manages several dams and
reservoirs and can perform the functions of the Hudson River-Black
River Regulating District. Transferring the duties of the Hudson
River-Black River Regulating District to the New York State Power
Authority would be an easy transition, This would also increase
government efficiency being as the New York State Power Authority is


already established and equipped to handle the operations of the
Hudson River-Black River Regulating District.

LEGISLATIVE HISTORY:

2011-2012: S.591A/A.3075A Remained in the Senate Committee on
Education and the Assembly Committee on Environmental Conservation
2009-2010: S.8118A/A.11401A Remained in the Senate/Assembly Committees
on Environmental Conservation

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

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
effective date is authorized and directed to be made and completed on
or before such effective date; provided, further that the amendment to
section 2022 of the education law made by section one of this act
shall not affect the expiration of such section and shall be deemed to
expire therewith.

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

                                 1139--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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  FOURTEEN--TWO
THOUSAND  FIFTEEN  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.
                                                           LBD01551-02-4

S. 1139--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.
  6. NO COUNTY WITHIN THE HUDSON RIVER-BLACK RIVER  REGULATING  DISTRICT
SHALL BE LIABLE TO SUCH REGULATING DISTRICT FOR ANY TAX PAYMENTS.
  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 is authorized and directed to be  made  and  completed  on  or
before  such  effective  date;  provided,  further that the amendment to
section 2022 of the education law made by section one of this act  shall
not  affect the expiration of such section and shall be deemed to expire
therewith.

S1139B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9650
Current Committee:
Senate Education
Law Section:
Environmental Conservation Law
Laws Affected:
Add §15-2142, rpld §§15-2137, 15-2139 & 15-2141, En Con L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S591A
2009-2010: S8118A

S1139B (ACTIVE) - Bill Texts

view summary

Abolishes the Hudson river-Black river regulating district and devolves such powers to the power authority of the state of New York.

view sponsor memo
BILL NUMBER:S1139B

TITLE OF BILL: An act 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 such law relating
thereto

PURPOSE OR GENERAL IDEA OF THE BILL: Abolishes the Hudson River-Black
River regulating district and devolves such powers to the power
authority of the state of New York; repealer.

SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the environmental conservation law by adding a new
section 15-2142.

Section two repeals Section 15-2137 of the environmental conservation
law.

Section three repeals section 15-2139 of the environmental
conservation law.

Section four repeals section 15-2141 of the environmental conservation
law.

Section five provides that the effective date is on the first of July
next succeeding the date on which it shall have become law.

JUSTIFICATION: The Hudson River Regulating District was formed in
1922 with the intent "to regulate the flow of the Hudson and Sacandaga
Rivers as required by the public welfare including health and safety".
In 1959 the New York State Legislature merged the Hudson River
Regulating District with the Black River Regulating District to form
the current Hudson River-Black Regulating District (HRBRRD) According
to the HRBRRD web site, "New York State created the Regulating
District to develop dams and reservoirs to capture excess run-off to
prevent flooding in the Hudson River and Black River basins, and to
release such captured water gradually during periods of low river flow
to maintain water quality in each river basin. This system was
designed to reduce damage from spring storms and snowmelt, including
disease and destruction of life and property, and to improve river
navigation and public sanitation."

In 1927 the HRBRRD entered into an Agreement with New York Power and
Light Corporation (predecessor of Niagara Mohawk Power Corporation) to
construct the Conklingville Dam on the Sacandaga River in the Hudson
River Area and create the Sacandaga Reservoir. (now Great Sacandaga
Lake) . Conklingville Dam has a total head (height) of 71 feet. The
Agreement allowed Niagara Mohawk to construct the EJ West powerhouse
at the dam, utilizing its original 15 feet of head (from an earlier
dam, at no charge) plus the HRBRRD's additional 56 feet of head (for
an annual water fee). In 1980, upon expiration of the 1927 Agreement,
the HRBRRD and NMPC entered into a new Agreement to provide for the
continued operation of both Great Sacandaga Lake and EJ West. In 1999
Niagara Mohawk sold the EJ West hydroelectric facility to Erie
Boulevard Hydropower, L.P. (now owned by Brookfield Renewable Power).


In 2003 the 1980 Agreement was prematurely terminated and the HRBRRD
and Brookfield entered into a new Reservoir Operating Agreement. As
stated, the intent of the 2003 Reservoir Operating Agreement was to
"to maximize Erie's hydroelectric energy generation at, and revenue
from, the Erie facilities (EJ West)." Erie was to pay the HRBRRD a
Water Fee for t he use of the HRBRRD's 56 feet of head and the HRBRRD
agreed not to exercise eminent domain with respect to EJ West. At the
time the 1980 Agreement was terminated, Niagara Mohawk was paying the
HRBRRD a Water Fee of $925,000. Under the 2003 Agreement, Brookfield's
Water Fee was decreased to $850,000 (increasing at 3% each year). The
2003 Agreement was amended in 2006 to (1) extend the term until June
30, 2021 and (2) lower the criteria for adjustments in the Water Fee,
both of which accrue to the benefit of the operator.

Under the Reservoir Operating Agreement, Brookfield utilizes the full
71 feet of head provided by Conlingville Dam for its hydroelectric
plant operations at EJ West, but it owns only 15 feet. The remaining
56 feet (79%) of available head at El West is owned by the HRBRRD.
The HRBRRD has abdicated its responsibility for flow regulation to
Brookfield who operates EJ West (and hence Great Sacandaga Lake) to
allow the operator to maximize its revenue. This means that the
operator can take releases from Great Sacandaga Lake to generate
electricity during hours when power sales rates are high and withhold
releases when rates are low. The result is a daily pulsing of flows in
the Hudson River, up and down like a yo-yo, not the steady regulated
flow one would expect from a regulating district. In water year 2013
(October 1, 2012-September 30, 2013), Brookfield reported to the
Federal Energy Regulatory Commission (FERC) that it generated
67,401,742 kwh at EJ West, Because the operator is allowed to control
its operation to take advantage of higher on-peak power rates, it's
not known exactly what Brookfield's revenue was for that generation;
however, it can be estimated that a run-of-river hydroelectric plant

(unable to control flow conditions) would have garnered at least
$3,360,000 for the same generation. Because of Brookfield's ability
to pulse its operation, it can certainly be assumed that the operator
maximized its revenue opportunity. Brookfield's Water Fee to the
HRBRRD was reported to be $1,100,000 in 2012 and, as reported in the
2014-15 HRBRRD budget, will continue to remain at that level.

The HRBRRD is also responsible for maintaining permits to Great
Sacandaga Lake for exclusive use of the shoreline. The permits,
roughly 4,500 in total at amounts starting at $50 each, bring in
revenue of $425,000 per year. The permit fee has not been increased
since 1983. The land that is owned by the district is forest preserve
land, which is state land that is protected as "forever wild" and
therefore cannot be leased or sold unless a constitutional amendment
is put forward. The land is permitted each year for recreational
purposes, although there is some question about whether actual surveys
exist for the issued permits. Consequently, it is unclear as to the
assignment of liability in the unlikely event there is a claim.

In 2008, in a case brought by an independent hydroelectric licensee,
the United States Court of Appeals for the District of Columbia
rendered a decision that HRBRRD had no authority to exact compensation
from the licensee for headwater benefits. The matter was remanded to
FERC who convened a headwater benefits determination proceeding that


resulted in significantly reducing the allowable headwater benefits
assessments that HRBRRD can charge all hydroelectric plants located
downstream of Conlingville Dam. This created a $4.45 million budget
gap in the HRBRRD operating budget. In an attempt to rectify this
situation, in February 2010 the HRBRRD assessed the five county
regions of Albany, Rensselaer, Saratoga, Warren and Washington a total
of $4.45 million for a newly determined flood control benefit. It
should be noted that the HRBRRD had the opportunity to assess
individual property owners (public and private) and/or individual
municipalities however assessment of the counties was chosen. The
counties responded by filing a lawsuit against the HRBRRD to protect
their taxpayers' rights. In 2013, the five counties and HRBRRD settled
the lawsuit with the following payment schedule for the next four
years:

Albany County $1,034,698
Rensselaer County $ 542,447
Saratoga County $1,035,809
Warren County $ 242,908
Washington County $ 138,238
TOTAL $ 2,994,100

As part of the 2013 settlement, New York State agreed to offset some
of the costs of this burden by adding $1 million a year to the
operating budget of the HRBRRD, which will reduce. the charges to the
counties by that amount.

Nevertheless, the counties will have to pass along the remaining
burden of this settlement to their county property taxpayers by
raising their taxes in order to generate the necessary revenue. This
bill is a step toward saving local taxpayers millions of dollars by
eliminating the Hudson River Black River Regulating District and,
consequently, their onerous fees and yet another unfunded mandate on
county government.

Through a careful review of the timeline listed above, at various
periods under the prior management of the HRBRRD amendments and
changes were made to the Reservoir Operating Agreement that provided
significant operational control and revenue-generating opportunities
to the owner of the EJ West hydroelectric plant. During these same
periods there were several reports of excessive and lavish spending by
the prior management of the HRBRRD. In as much as the current
management and board is operating the HRBRRD as efficiently as
possible, actions taken prior to the current management and board
provided the lack of control over flow management and the additional
burden on county taxpayers is not tolerable. When the State
Legislature created the Regulating District, it was never intended
that the counties, and more importantly their taxpayers, would be
responsible for the operational costs. In fact, the private companies
that generated power were responsible for the cost of operations of
the district.

Currently, the New York State Power Authority (NYPA) manages several
dams and reservoirs and is well qualified and equipped to perform the
functions of the HRBRRD. Transferring the duties of the HRBRRD to NYPA
would be a logical and prudent transition. It would allow for the
continued management of the permit system, but also provide an


opportunity to allow for better flow regulation and increase
government efficiency.

LEGISLATIVE HISTORY: 2011-2012: S.591A/A.3075A Remained in the Senate
Committee on Education and the Assembly Committee on Environmental
Conservation

2009-2010: S.8118A/A.11401A Remained in the Senate/Assembly Committees
on Environmental Conservation

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: 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 effective date is authorized and directed to be made
and completed on or before such effective date.

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

                                 1139--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the environmental conservation law, in relation to abol-
  ishing 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 such law relating thereto

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

  Section  1.  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.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01551-08-4

S. 1139--B                          2

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.
  6.  NO  COUNTY WITHIN THE HUDSON RIVER-BLACK RIVER REGULATING DISTRICT
SHALL BE LIABLE TO SUCH REGULATING DISTRICT FOR ANY TAX PAYMENTS,  FEES,
CHARGES AND/OR ASSESSMENTS.
  S  2.  Section  15-2137  of  the  environmental  conservation  law  is
REPEALED.
  S  3.  Section  15-2139  of  the  environmental  conservation  law  is
REPEALED.
  S  4.  Section  15-2141  of  the  environmental  conservation  law  is
REPEALED.
  S 5. 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 is authorized and directed to be  made  and  completed  on  or
before such effective date.

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