| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 08, 2014 |
referred to energy and telecommunications |
| May 28, 2013 |
print number 3061a |
| May 28, 2013 |
amend (t) and recommit to energy and telecommunications |
| Jan 29, 2013 |
referred to energy and telecommunications |
Senate Bill S3061A
2013-2014 Legislative Session
Sponsored By
(R) Senate District
Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee
Actions
Bill Amendments
2013-S3061 - Details
2013-S3061 - Sponsor Memo
BILL NUMBER:S3061
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 a municipal power agency 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.
2013-S3061 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 3061 A. 3888
2013-2014 Regular Sessions
S E N A T E - A S S E M B L Y
January 29, 2013
___________
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.
LBD06139-01-3
2013-S3061A (ACTIVE) - Details
2013-S3061A (ACTIVE) - Sponsor Memo
BILL NUMBER:S3061A
TITLE OF BILL: An act to amend the public authorities law, in
relation to the powers granted to municipal corporations within the
Long Island Power Authority service area regarding the establishment,
ownership and operation of 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 a municipal power agency under the General
Municipal Law.
SUMMARY OF PROVISIONS: Adds a new subdivision 12 to § 1020(h) of the
public authorities law.
JUSTIFICATION: Under Article 14-A of the General Municipal Law,
counties, towns, cities, and villages in New York State are permitted
to establish public utility companies. Section 360 of the State
General Municipal Law provides that, "any municipal corporation may
construct, lease, purchase, own, acquire, use and/or operate any
public utility service within or without its territorial limits, for
the purpose of furnishing to itself or for compensation to its
inhabitants, any service similar to that furnished by any public
utility company specified in article four of the public service law.
'Municipal corporations' as used in this article shall mean a county,
city, town or village."
2013-S3061A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 3061--A A. 3888--A
2013-2014 Regular Sessions
S E N A T E - A S S E M B L Y
January 29, 2013
___________
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 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred
to the Committee on Corporations, Authorities and Commissions --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the public authorities law, in relation to the powers
granted to municipal corporations within the Long Island Power Author-
ity service area regarding the establishment, ownership and operation
of 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 a new subdivision
12 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.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06139-02-3
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